The Simplified Civil Procedure: Understanding Verbal Judgment

Verbal Judgment Procedure (Item 23)

It is a simplified method characterized by the following stages:

• Demand
• Summons to a hearing
• Visa (Admission/Endorsement)
• Judgment

This procedure offers positive effects (speed) but also negative consequences (risk of harm to the right of defense).

Demand and Classification of Claims

Standardized Forms: Used for monetary claims when the amount does not exceed €2,000. The forms are available in court and must be made available to the public; no separate application is required.

Brief Demand: Required for demands greater than €2,000 or Verbal Judgments (JV) based on material subject matter. The demand must identify the plaintiff, the defendant, and the competent court. The claim must clearly establish the relief sought and must include supporting procedural documents and background facts.

Counterclaims and Accumulation of Actions

Counterclaim Requirements:

• The claimant (actor) must be notified 5 days prior to the hearing.
• The counterclaim must not determine the invalidity of the Verbal Judgment (JV).
• A connection must exist between the subject matter of the counterclaim and the original demand.

Accumulation: As a rule, accumulation of actions is not allowed, but exceptions exist if the actions are based on the same event. Exceptions include:

• Actions for damages in court.
• Eviction for non-payment of rent.
• Claims for overdue amounts.

Legal Representation and Jurisdiction

Legal Representation (Application): It is not necessary if the amount claimed is less than €900.

Jurisdiction (Competition): Handled by 1st instance courts, or magistrates' courts if the amount is less than €900.

Procedural Steps (Processing)

Admission and Transfer of Application

The court clerk examines the application and will either admit it or report to the Court if revisions are necessary. Upon acceptance, the parties are summoned to appear.

Consequences of Absence of Parties

• If the Applicant is absent: The claim is considered withdrawn, costs are imposed, and the applicant may be ordered to pay compensation to the defendant for damages.
• If the Defendant is absent: The absence is noted, and the trial continues.
• If neither party appears: The proceedings are filed (dismissed).

Conclusion of the Hearing

• Defendant's exposure of their factual and legal basis.
• Oral arguments of the defendant.
• The judge grants the floor to the parties for the proposal of evidence.
• Evidence is presented (practiced) upon admission by the judge.
• The judge closes the hearing, and the process awaits judgment (within 10 days).

Effects of the Judicial Decision

Decisions are categorized based on their finality:

• With the effect of Res Judicata: These decisions resolve the substantive issue permanently (coming into the background, in their own right).
• Without the effect of Res Judicata: These decisions are intended only to solve the current situation.

Examples of Decisions with Res Judicata Effect:

• Repossession of property in jeopardy.
• Alimony/Maintenance (Food).
• Realization of the rights of Art. 160 EC (e.g., right to engage parents with their minor children).

Examples of Decisions without Res Judicata Effect:

• Suspension of new construction.
• Demolition or removal of ruinous work.
• Custody of registered real rights (provisional measures).