The Ordinary Civil Process.
The Ordinary Civil Process (Proceso Ordinario) is the standard and most comprehensive procedure used to resolve complex civil disputes in Costa Rica. Governed by the Civil Procedural Code, this process is designed for cases that require a full evidentiary hearing, oral debates, and judicial reasoning. It is typically used when a civil action cannot be resolved by a special or expedited process. Whether you are dealing with a breach of contract, property dispute, or civil liability case, the Ordinary Civil Process ensures a fair, thorough, and transparent resolution.
When is the Ordinary Civil Process Used in Civil Litigation?
This procedure applies when the Civil Procedural Code does not specify a special or expedited process for the case at hand. Commonly, it is used for disputes requiring a complete factual investigation, such as complex contract disputes, property claims, or actions for civil damages. Additionally, the Ordinary Civil Process is employed when the summary process (proceso sumario) or monitory process (proceso monitorio) do not apply. In these cases, the court must follow a comprehensive judicial process to reach a resolution.
Stages of the Ordinary Civil Process in Costa Rica
1. Filing the Civil Lawsuit: The Ordinary Civil Claim (Demanda)
The ordinary civil process in Costa Rica begins with the filing of a formal written lawsuit before the competent civil court. This initial pleading defines the scope of the entire case and determines what the judge may or may not decide.
Civil litigation in Costa Rica follows the principle of disposition. This means the court may only rule on what is clearly requested and properly supported in the complaint.
1.1 What must the civil lawsuit include?
A civil claim filed under the ordinary process must clearly identify:
The court, the type of process, and the legal nature of the dispute
Full identification and domicile of all parties
A clear and chronological narration of facts, stated one by one
The legal grounds supporting each claim
A precise and individualized statement of all requests
A justified monetary valuation of the lawsuit
The evidence offered to support each allegation
Legal representation and a valid address for notifications
When damages are claimed, each alleged loss must be separately identified, described, and valued.
1.2 Evidence must be filed and offered from the start
In ordinary civil litigation, all evidence must be offered with the lawsuit. This includes documents, witnesses, expert evidence, and registry-based proof.
Failing to properly offer evidence at this stage may prevent it from being admitted later. However, the plaintiff has the opportunity to file counter-evidence, at the preliminary hearing.
1.3. Monetary Estimation (Estimación de la demanda)
Every civil lawsuit must include a justified economic valuation, which depends on the nature of the claim. The valuation affects court jurisdiction, procedural rules, and costs.
Some disputes are considered non-estimable, such as insolvency proceedings or cases where the economic value cannot be objectively determined.
1.4 Defective or improper claims
If the lawsuit does not meet legal requirements, the court will order corrections within a short deadline. If the defects are not cured, the claim may be dismissed without reaching the merits.
Additionally, Costa Rican courts may reject a lawsuit outright when it is:
Legally impossible or contrary to public order
Filed in abuse of process or procedural fraud
Time-barred
Already decided in a prior final judgment
Filed by a party who clearly lacks standing
1.5 Can a civil lawsuit be amended?
Yes. The ordinary civil process allows limited amendments or expansions of the lawsuit, before the defendant responds. New facts an also be enjoined if they happen after the response. However, these changes are strictly regulated and must respect due process and the opposing party’s right of defense.
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. The Defendant's Response (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 Declarations and material evidence reproduction.
Oral closing arguments.
All evidence admitted at the preliminary hearing is produced here.
6. Sentencing and Veredict:
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. This is called material res judicata.
Conclusion:
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 ensures a thorough analysis of facts and legal arguments through an adversarial and transparent judicial system.
The ordinary civil process guarantees due process, proper evidence production, and binding court decisions with res judicata effects. To understand how it fits within the broader framework of civil litigation, visit our main page on Civil Litigation in Costa Rica.
Dr. Christopher Pirie