Civil Actions in Costa Rica and the Ordinary Civil Process.
There are several juditial processes, you can use, to satisfy your claim, when you file a civil lawsuit in Costa Rica. The most important court process of civil litigation is the Ordinary Civil Process (proceso ordinario). It is the principal judicial route available for resolving civil actions in Costa Rica. Its generally used, unless a specific special civil trial procedure is established by law.
This process is regulated by the Civil Procedural Code (Código Procesal Civil) and serves as the default mechanism for litigating matters that require a full evidentiary and argumentative phase. The ordinary Court Process is the example of civil litigation at it´s finest. It is designed to ensure a fair, adversarial, and efficient resolution of substantive civil claims. For a broader look at all types of litigation in Costa Rica, including criminal, labor, and administrative cases, visit our general litigation page.
When is the Ordinary Civil Process Used?
The ordinary civil process is used when:
The dispute does not qualify for a special or abbreviated process, such as the monitorio, ejecución, or sumario.
The nature of the legal relationship demands a full evidentiary hearing with production and contradiction of evidence.
The complexity of the case requires oral debate and judicial discretion to resolve contested issues.
Common types of civil claims in Costa Rica:
Costa Rican law recognizes a broad range of civil actions to resolve disputes between individuals and entities. Some of the most frequent include:
Breaches of Contract:
Civil litigation frequently involves disputes over contracts. When one party fails to fulfill its obligations, the injured party may initiate a civil action to demand compliance (forceable execution) or the contractural resolution (resolución del contrato), and in both scenarios, seek monetary compensation. These claims are governed by the Civil and Commercial Codes, which hold the debtor liable for damages resulting from non-performance.
Debt Collection and Enforcement:
If you are owed money under a promissory note, invoice, or other document, you may file a civil action. The availability of action depends on the nature and enforceability of the debt.
Property and Possession Claims:
Replevin actions (acción reivindicatoria), eviction remedies, and actions to protect possession or ownership of real estate are common. Real property and possession-related civil actions include boundary disputes, eviction claims, and enforcement of ownership rights. Costa Rican civil law recognizes remedies such as the reivindicatoria (ownership) action and interdictos (possessory remedies).
Civil Liability and Damages:
A party who suffers harm — whether through a breach of contract or another party’s negligence — may seek compensation through a claim for damages (acción de daños y perjuicios). Costa Rican law recognizes both contractual and extra-contractual (tort) liability.
Under Article 1045 of the Civil Code, anyone who causes harm through fault, negligence, or intent must compensate the injured party. In contract cases, Article 702 provides for liability where obligations are not fulfilled, unless excused by force majeure or similar events.
What other types of civil actions can you file in Costa Rica?
In Costa Rica, civil actions encompass a broad set of legal remedies under private law. Beyond breach of contract and damages, here’s a more complete list of civil actions recognized or commonly practiced in Costa Rican courts, all governed by the Civil Code, Code of Civil Procedure (CPC), and special laws:
Declaratory Civil Actions (Acciones Declarativas):
A declaratory civil action, aims for a judgment declaring the existence, or non existence of a legal relationship, or a right. Typical declaratory actions pertain to ownership delarations, or to declare the existence of a contract.
Constitutive Actions (Acciones Constitutivas):
The constitutive civil action, is filed to request a judgment, to create, modify, or extinguish a legal situation by judicial ruling. Examples are the judicial termination fo a lease
Civil Actions regarding property (acciones reales):
Costa Rican law provides several legal remedies to protect and enforce real property rights, including ownership, possession, boundaries, and easements. These actions are essential for individuals and companies seeking to assert or defend property interests, particularly in disputes over land. If ownership has not been transfered at the public registry, and you are the rightful owner, litigation might be necessary. The declaratory action, is usually the way to go, so that your property rights are declared. Other Real Property Actions include the following:
Restitution Action (Acción reivindicatoria):
This is the primary action available to registered owners who have been unlawfully dispossessed of their real estate. The plaintiff must prove:
Lawful ownership (usually through registration in the Public Registry),
Current dispossession,
That the defendant is in possession without legal justification.
Negatory Action (Acción Negatoria):
Used to deny or prevent interference from third parties claiming non-existent rights over one’s property (e.g., someone alleging a right of way or servitude that doesn’t exist). It seeks a judicial declaration rejecting the claimed right and an order to cease interference.
Affirmative Civil Action (Acción Confesoria):
The inverse of the negatoria, this action is used to affirm and enforce a real right, such as an easement (servidumbre), over another’s property. It requires proving the legal existence of the right, usually through the Registry or longstanding use.
Personal Actions (Acciones Personales):
Enforce personal rights arising from contracts, obligations, or unjust enrichment. These actions Include most contract disputes and damage claims.
Tort or Damages Actions (Acción de daños y perjuicios):
Seek compensation for harm due to fault or negligence (subjective), or in cases where the law imposes liability regardless of fault (objective).
Simulations, Revocation, Anullment and Rescission Civil Actions:
These civil actions seek to anull contracts, obligations, and corporate agreements.
Stages of the Ordinary Civil Process in Costa Rica
1. Filing the Civil Lawsuit in Costa Rica (Demanda):
The plaintiff presents the complaint with all supporting documentation, identification of parties, and a clear statement of facts and legal grounds. What is not asked for, is not given, under grounds of the Principle of Disposition. So knowing what to request and requesting it fully is an essential part of the civil lawsuit.
2. Admissibility Review and Service:
Once filed, the court examines the lawsuit for formal admissibility. If accepted, the court orders service of process on the defendant. Serving the defendant can be done through the court system and the police, or through faster and more effective means, such as through a Notary Public.
For any civil lawsuit in Costa Rica regarding personal claims, the general rule is that it must be filed before the Court of the defendant´s domicile. For disputes regarding real estate, such as ownership or possession, jurisdiction lies with the court where the property is located, regardless of where the defendant resides.
3. Lawsuit Response by a Civil Trial Attorney (Contestación de la Demanda):
Any lawsuit in Costa Rica must be contested and represented by a trial attorney. The defendant has 30 working days to respond and may:
Accept or deny the facts posted in the lawsuit.
Accept or contest the lawsuit´s requests.
File procedural and substantive defenses (excepciones procesales y sustantivas).
Submit evidence and file a counter lawsuit.
4. The Preliminary Hearing (Audiencia Preliminar):
This is a mandatory phase of the court process aimed at:
Attempting conciliation or settlement.
Addressing procedural issues (jurisdiction, capacity, evidence exclusions).
Deciding on admission of evidence for the trial stage.
Issuing a conclusion order on the issues to be resolved at trial (art. 45 CPC).
If no agreement is reached or the case is not dismissed, it proceeds to the evidentiary stage.
5. Civil Trial Hearing (Audiencia de Juicio)
This is the main oral phase of the court process, which includes:
Examination and cross-examination of witnesses and experts.
Party Declarartions and material evidence reproduction.
Oral closing arguments.
All evidence admitted at the preliminary hearing is produced here.
Civil Trial Sentencing and Verdict:
After deliberation, the judge will let the parties know his judgment. This resolution is notified to all parties. Depending on the estimation of the lawsuit, this resolution can be appealed to either the Supreme Court or a Superior Tribunal. Appeals to the Supreme Court are highly technical. The final judgment produces an effect called “material res judicata.” This means the legal dispute can´t be filed again without violating double jeopardy rules or “non-bis in idem.” A legal claim can´t be argued more than once. These rules apply to both criminal and civil law, but exceptions exist. As a trial attorney in Costa Rica, I may recommend this process to protect you under the rules of material res judicata.
The Statute of Limitations: Deadline to File a Civil Lawsuit in Costa Rica.
Most civil actions in Costa Rica are subject to a statute of limitations (prescripción). These vary depending on the civil claim—contractual actions are usually commercial, and are subject to the statute after four years. Tort claims have a statute of ten years. Filing within the legal timeframe is essential to maintain your right to recovery.
Filing a Civil Lawsuit in Costa Rica:
Costa Rican law requires that parties be represented by a licensed attorney for all ordinary civil lawsuits. Trial attorneys play a critical role in drafting pleadings, producing evidence, arguing motions, and ensuring procedural compliance. Failing to respond to a lawsuit on time, or without proper legal counsel, can result in default judgment. At CPG Legal, we guide you from the very first consultation through the conclusion of trial and appeals, if necessary.
The ordinary civil process in Costa Rica serves as the backbone of dispute resolution in complex or contested matters. Whether you are dealing with a contractual disagreement, a tort claim, or a property dispute, this procedure guarantees a thorough analysis of facts and legal arguments through a transparent and adversarial system. At CPG Legal, we specialize in navigating each stage of civil litigation with precision and strategy. If you need representation in a civil case that requires a full evidentiary hearing, don’t hesitate to contact us. Our firm is equipped to provide experienced, client-centered legal services throughout San José, Guanacaste, and across Costa Rica.
Dr. Christopher Pirie.