1. Overview
All court procedures involve costs such as the fees charged by the Lawyer (Abogado) and Local Procurator (Procurador), to the extent that their intervention is required, the services of court-appointed experts (peritos), notary fees, the costs of obtaining records, transcripts of testimony…
The final judgment will determine the litigation costs, which shall normally be borne by the unsuccessful party, who will be obliged to bear the costs of his own Lawyer and Court Attorney, in addition to the costs incurred by the other party.
In some specific cases the final judgment may determine that each party will be responsible for the costs it incurred. It generally occurs in cases related to family (e.g. divorce proceedings) and labour cases.
2. Appealing the decision that determines the litigation costs
The unsuccessful litigant may appeal the amount of costs he has been imposed. He will be given a term to pay the costs of litigation. Should he fail to comply with the time limit, he may be enforced to pay such costs.
Costs are due each time the court’s decision is appealed.
3. What if the defendant accepts the claim?
If the defendant accepts the claim of the plaintiff before filing a statement of defence, he will not be liable for the costs which the plaintiff incurred. However, in this case the defendant may exceptionally be assigned the costs, should the court feel that he defendant acted with malicious intent.
4. In case the plaintiff abandons a lawsuit in progress
The plaintiff may decide not to continue the court proceedings before the judgment has been brought in. In such case, if the defendant accepts this, none of them will be obliged to pay the costs of litigation. If the defendant does not accept the plaintiff’s decision, then the plaintiff will be assigned the litigation costs.
Our lawyers provide solid legal advice regarding any litigation case in Spain:
5. Getting legal help
Our lawyers provide solid legal advice regarding any litigation case in Spain: