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. Legal actions must be precise. I am Dr. Christopher Pirie, a civil procedure attorney. My civil legal practice is in Costa Rica. The Civil Procedure Code regulates civil suits in Costa Rica. This type of litigation, called “civil litigation,” falls under a branch of the law called “Procedure Law.” I got my Ph.D. in this study area: as a procedure litigation lawyer. So you can say that civil lawsuits are my in my field of expertise. You may have to file a civil law suit against someone. If that´s the case, you must have many questions regarding how best to proceed.
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. As a procedure trial attorney, I practice in all provinces of Costa Rica: San José, Guanacaste, Limón, Cartago, Heredia, Alajuela, and Puntarenas.
What does a lawsuit in Costa Rica entrail?
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.
What type of lawsuits are regulated through the Civil Procedures Law?
The Civil Procedures Code regulates the different judicial processes for litigation. When discussing civil procedures, the code handles the various lawsuits and legal actions available for civil, commercial, and corporate jurisdictions. As you can see, even though “Civil” is incorporated in the law´s name, its use goes way beyond civil cases. For example, all family-related rights and obligations are established in the Family Code of Costa Rica. However, all family lawsuits and claims that spring from violating the Family Code are processed by the trials set by the Civil Procedures Code. Likewise, all other jurisdictions have laws regulating different rights and obligations for each one. For example, all rights and obligations related to commercial law are established in the Commerce Code. However, the Civil Procedures Code regulates the procedures to resolve commercial disputes.
Is a civil process possible without exercising legal action through a lawsuit?
No. All civil legal actions in Costa Rica are exercised through a formal private lawsuit. However, this is not the case in other branches of the law, like the penal branch. A criminal legal action may commence as a public action, with knowledge of a “notitia criminis” or “news of a crime.” However, a formal lawsuit is required for the process to initiate civil cases. 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.
What other requirements are needed in a civil law suit?
All civil suits have more or less the same legal requirements:
- The names and identification information for the plaintiff and the defendant.
- The facts of your case are in chronological order and enumerated logically. Facts are part of the “causa petendi,” or the cause of the civil pretensions.
- The specific pretensions or claims. What is not asked for is not given.
- If civil damages are requested, the specification, cause, and motivation of each one and their quantification.
- The legal foundation of the law suit.
- The enunciation of the evidence you submit with your lawsuit. (Testimonial evidence, documental, judicial recognitions, counter-party interrogation, etc.)
- The founded estimation of your civil suit and a medium by which to served with notifications.
What skills are needed for civil litigation?
I filed my first civil legal action law suit back in the year 2000. It was just a few months after my bar incorporation. Back then, civil legal actions were prosecuted entirely in written form. The physical presence of the Judge was the exception! With the new Civil Procedure Code, everything has changed. The written form has become the exception.
Your lawyer requires excellent oral skills to perform well in civil litigation. Oral hearings are now the rule, even though the written form is still essential for specific acts. You should know that I am a significantly experienced civil trial lawyer with excellent verbal skills to represent you on any civil matter.
Are there different types of civil procedures in Costa Rica?
Yes. When you file a lawsuit in Costa Rica, you initiate a civil process. The civil process type, will depend on your civil claim. There are four types of civil procedures in Costa Rica:
- The Ordinary Civil Process.
- The Summary Civil Process.
- The Execution Civil Process.
- The Monitory Civil Process.
What is the ordinary civil process?
The ordinary civil litigation process is a residual one. If your claim does not have a specific process, it must be filed in an ordinary process. This process represents quintessential civil litigation in Costa Rica. It´s a declarative process.
What kind of law suits must be filed in this type of civil procedure?
- Land possession and ownership dispute civil actions.
- Commercial and civil breach of contract suits and annulments claims.
- Civil remedies and reparation actions.
- Simulation and revocation civil actions.
- All other actions that don´t have a specific process stipulated by law.
Can you file a counter- lawsuit?
Yes. This type of specific process accepts the possibility of a counter-lawsuit. If you are the defendant, you can counter-file. You must do this when you contest the law suit.
Are there any hearings in this type of legal action?
Yes. There are two oral hearings in this type of civil procedure. The first one is a preliminary hearing. The second one is the case trial itself. In this second hearing, all the evidence is evacuated. Attorneys later render their closing arguments, and the Judge retires to deliberate before sentencing.
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. Your civil trial attorney in Costa Rica may recommend filing an ordinary civil process to protect you under the rules of material res judicata.
The lawsuit-specific civil processes:
The Civil Procedure Code enumerates several processes for type-specific claims. So when you file a lawsuit in Costa Rica, it will vary depending on your situation. We already covered the Ordinary Lawsuit, which initiates the Ordinary Process. However, other civil actions are available in the Civil Procedure Code. These are:
Summary civil litigation law suit.
This is the Summary civil process. File a lawsuit for rental evictions and rent price adjustments. Injunctions and other civil litigation lawsuits.
File a lawsuit in the monitory process for debt collection spawning from executive titles, and for rental evictions due to nonpayment compliance.
You can file a lawsuit like this to initiate civil litigation called a “pure execution.” Mortgages, liens, and final resolutions are “executed” through this law suit.