Second International Conference

La prueba en el proceso. Perspectivas nacionales is a landmark edited volume directed by Lorenzo Mateo Bujosa Vadell with coordination by Federico Bueno de Mata, and published by Tirant lo Blanch in 2018. It is the outcome of the II International Conference on Procedural Law and the XXVI Ibero-American Procedural Law Conference, hosted in Salamanca, Spain. With nearly one thousand pages of contributions, the book represents one of the most comprehensive contemporary examinations of evidentiary law within civil procedure, approached from a comparative, multidisciplinary, and international perspective.

The work consolidates research, reports, and conference proceedings from leading procedural law scholars, judges, and practitioners across Europe, Latin America, and other jurisdictions. Its guiding purpose is to address how evidence functions as the backbone of the judicial process, ensuring fairness, truth-finding, and the protection of fundamental rights, while also adapting to the demands of modern society and technological progress.

Key Themes and Content

1. Foundations of Evidentiary Law
   • Discussion of core principles underlying the law of proof in civil procedure.
   • The evolving role of judges in directing and evaluating evidence.
   • Agreements and party autonomy in evidentiary matters.
2. Burden of Proof
   • Traditional doctrines contrasted with modern approaches like dynamic burden-shifting.
   • The relationship between evidentiary flexibility and protection of weaker parties.
3. Illicit Evidence and Fundamental Rights
   • Analysis of the treatment of illegally obtained evidence.
   • Comparative approaches to balancing truth-seeking with the exclusionary rule.
4. Assessment and Standards of Proof
   • Theoretical debates on thresholds of certainty (preponderance, beyond reasonable doubt, moral certainty, etc.).
   • Comparative evaluation methods across civil law and common law systems.
5. Testimonial Evidence
   • Procedural safeguards for witness testimony.
   • The psychology of memory, credibility assessment, and cross-examination techniques.
6. Presumptions and Indirect Proof
   • The use of presumptions and inferences in judicial reasoning.
   • The interplay between direct and circumstantial evidence.
7. New Technologies and Electronic Evidence
   • Admissibility and reliability of digital and electronic records.
   • The challenges of blockchain, electronic communications, and digital fraud.
8. Scientific Evidence, Experts, and AI
   • Safeguards for expert independence and neutrality.
   • Integration of scientific and neurobiological evidence into judicial processes.
   • Critical reflections on the rise of artificial intelligence in evidentiary assessment.
9. International Dimensions of Evidence
   • Mechanisms of cross-border judicial cooperation in obtaining evidence.
   • Harmonisation challenges in international litigation and arbitration.
10. Evidence in Arbitration
    • Comparative analysis of arbitral evidentiary rules, including the IBA Guidelines.
    • Flexibility and efficiency in handling evidence outside traditional court systems.
11. Regional Perspectives and Reforms in Ibero-America
    • Country-specific reports highlighting reform trends in Latin American jurisdictions.
    • Implementation of new procedural codes emphasising access to justice and efficient evidentiary regimes.