Court refuses evidence provided on paper

The Social Chamber of the National Court has refused to study the evidence in a collective conflict presented by the lawyer of a company in the trial because it was provided on paper and not electronically.

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The rejection was based on Royal Decree Law 6/2023 in which urgent measures are approved for the execution of the Recovery, Transformation and Resilience Plan in matters of public service of Justice, public service, local regime and patronage.

Judges José Pablo Aramendi (president and rapporteur), Ramón Gallo and Ana Sancho explained that article 41.1 of the aforementioned law obliges the parties to present the documents in electronic format.

In addition, they also recalled that 6.3 states that professionals who interact with the Administration of Justice have the duty to use electronic media. Likewise, they remembered that they had been notified through a letter that they had to deliver them in PDF format. Order that was not appealed.

To this the ruling adds that said law came into force 20 days after being published in the BOE. Therefore, the rule was already in force at the time of the trial.

And although the lawyer presented the documentary in electronic format after the trial was held at 8:00 p.m., they were not admitted because they were already out of time. If they were accepted, the magistrates continue, the right of the opposing party to know it, evaluate it and argue about it would be harmed.

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