Legal actions and litigation in Costa Rica. ☎️ Do you wish to sue in Costa Rica?
A legal action is always something to consider carefully. Filing a lawsuit in Costa Rica, or any other place in the world, is a delicate matter. A law suit must always be comprehensive to sustain your claim. I am Dr. Christopher Pirie, a procedural litigator, with legal practice in Costa Rica.
The Costa Rican legal system operates under the principles of the Napoleonic Code, and its judiciary is well-regarded for independence and transparency. Whether you’re an individual, a business owner, or an international entity, understanding the litigation process in Costa Rica is essential to navigating the complexities of the legal system effectively.
The judiciary is organized into several levels:
- Trial Courts (Juzgados de Primera Instancia): These courts handle the initial stages of most civil, criminal, and administrative cases. They are the courts of first instance where lawsuits are filed.
- Appellate Courts (Tribunales de Apelación): If a party is dissatisfied with the outcome of a trial court’s decision, the law determines, if an appeal can be placed. In such cases, the appellate courts, review the legal and factual aspects of the case, in accordance to what was appealed.
- The Supreme Court of Justice (Corte Suprema de Justicia): As the highest court in Costa Rica, it serves as the ultimate judicial authority. It includes specialized chambers (Salas) that deal with cases corresponding to various areas of law. The “Sala Primera” overviews civil and agrarian cases. The “Sala Segunda” has oversight over family and labor cases. The “Sala Tercera” over criminal actions and finally the “Constitutional Court” or “Sala Cuarta” has oversight over Habeas Corpus and other constitutional actions.
So you wish to sue in Costa Rica?
If you wish to file a lawsuit, the first thing to consider is that type. As an attorney, this is the first thing to clear up. What kind of legal action will you exercise? Will it be a family lawsuit? Perhaps a civil one? Costa Rica has different subject matter jurisdictions, so establishing this is important.
It´s also vital to file in the correct territorial circumscription. The law has guidelines to establish subject matter territorial circumscription. This is important to ascertain in which province, will the law suit be filed, whether in San José, Guanacaste, Limón, Cartago, Heredia, Alajuela, or Puntarenas.
A lawsuit is an act in which the plaintiff initiates a judicial process with a specific legal claim against someone else. The lawsuit is the exercise of legal action. For example, a civil lawsuit is a claim due to a civil law violation. A family lawsuit is a claim due to a breach of family law. The same would be for a labor lawsuit, and so on. When you file a lawsuit, you exercise the power and the right to legal action. The lawsuit forces the State apparatus, and a judicial process is initiated. A Judge with jurisdiction will resolve the legal dispute.
Is a judicial process possible without exercising legal action through a lawsuit?
It depends! The vast mayority of trials in Costa Rica, begin with a lawsuit that is filed. However, there are some exceptions, like in Transit and Criminal Law. In some felonies, the criminal legal action is begun without even a complaint, as a public action, with knowledge of a “notitia criminis” or “news of a crime.”
This, however, is not the case in any civil case, which requires a formal lawsuit for the process to initiate. There is no process without the law suit; the plaintiff´s initiative is necessary to start the civil proceedings.
I need to file a law suit outside of San José. Can you help me?
Yes of course. I gladly provide legal representation in all provinces of Costa Rica. So if your law suit must be filed and handled outside of San Jose, this won´t be an issue at all. My legal representation is given in all provinces of Costa Rica: San Jose, Alajuela, Heredia, Cartago, Puntarenas, Guanacaste and Limon.
What other things should I know, when I file a lawsuit in Costa Rica?
Your attorney will draft the law suit in Spanish for you, and you’ll need to sign it. This is where bilingual communication is critical. Your lawyer must understand you perfectly so there are no mistakes. Once you sign the civil suit, your attorney must authenticate your signature. This will make him the legal director of your civil case. If you can´t sign and wish to relinquish the process to your lawyer, you can give him a special judicial power of attorney to represent you.
Litigation in Costa Rica reflects the country’s strong commitment to the rule of law and judicial independence. The process for filing a lawsuit, from the initial complaint to trial and appeals, is well-structured but can be time-consuming. Costa Rica’s emphasis on legal formality and civil law principles requires litigants to follow strict procedural rules, making the assistance of experienced legal counsel essential.
Dr. Christopher Pirie Gil.
CPG LEGAL.