What happens when evidence in English is filed without translation into Spanish?
Should the agency or court dismiss it or require its translation?
Recently, an individual brought an administrative remedy where evidence in English was filed without translation into Spanish.
The agency dismissed the evidence and the individual brought an annulment suit.
The Federal Administrative Court determined that the dismissal of the evidence was illegal.
Section 271 of the Federal Code of Civil Procedure provides that “court actions and motions” must be written in Spanish. However, evidence is not considered a motion nor a court action.
Therefore, the court concluded that the agency should have required the individual to provide Spanish translations of the evidence instead of dismissing it.
Will this precedent apply only to evidence offered in administrative remedies?
This reflection arises from binding precedent VIII-P-1aS-197 of the First Section of the Superior Chamber of the Federal Administrative Court.