When a lawsuit is filed in Costa Rica it can proceed under three different procedural tracks: ordinary, abbreviated and summary procedures. Which procedure applies depends on the subject matter of the controversy.

A. Ordinary Procedure

Cases that do not fall into the abbreviated or summary category must proceed under the ordinary litigation track. The civil lawsuit is initiated by filing a complaint in the court with proper jurisdiction to hear the case. The complaint must contain the following:

(1) The name of the parties to the action;

(2) the facts which give rise to the dispute;

(3) the legal basis for the complaint;

(4) a breakdown of the damages alleged;

(5) any evidence which forms the basis for the complaint must be attached to it as well as the names of any witnesses;

(6) an address where to receive notice and service of process.

Once a complaint is filed, the defendant must be notified that a lawsuit has been initiated against them. This notice of the lawsuit is done by serving the defendant personally with a copy of the complaint along with a summons, which requires that an answer be filed. (See Appendix 4 in the book for a sample summons) Generally, service of process is carried out by a court process server (notificador) that works within the court where the complaint was filed.

Each court in Costa Rica has their own full time process server that works directly for the judicial branch and is in charge of processing service of summons and physically carrying out the service within their jurisdictional territory.

It is very common practice and most of the times necessary for the party that files the lawsuit to do all the preliminary work to locate the individual to be served. Once located, it is recommended that the party initiating the action or their Attorney coordinate service with the court process server. Since the majority of process servers do not have transportation this means picking them up at the courthouse and driving them to the location.

It can take several trips back and forth with the process server before you actually complete service. The law allows service at the contractual domicile stipulated by the parties in a contract and when corporate entities are involved service is made upon the legal representative or at the legal domicile of the corporation. Under certain circumstances, the law allows court appointed public notaries to carry out service of process or service by publication.

The Civil Code requires that the initial summons and complaint be served at the defendants residence by leaving a copy with any person over the age of fifteen. Upon receipt of the summons and complaint the defendant has thirty days (30) in which to file an answer to the complaint. The answer must either admit or deny the allegations contained in the complaint and have attached to it all the evidence and list of witnesses which will contradict the defendant’s allegations.

To rent or buy this 54 minute video with Costa Rica Attorney Roger Petersen please visit our Video On Demand page here.

Failure to respond to the complaint within thirty (30) days will result in all the allegations contained in the complaint being accepted as true and a continuation of the civil action against the defaulting defendant in their absence. In the answer the defendant may assert any affirmative defenses and file a countersuit if applicable. Also at this time the defendant may file any motions challenging jurisdiction, service of process, or other procedural matters related to the lawsuit. If the defendant answers the complaint within the time frame allowed then the proceedings move into the evidence gathering phase.

Once the introductory pleading stages have been completed, the court will open the evidence gathering phase for a period of forty (40) days. During this time period the plaintiff gathers evidence to prove the truth of the allegations contained in the complaint and the defendant gathers his to counter those allegations. The Code of Civil Procedure allows a party to a lawsuit to prove their allegations by proffering any of the following:

(1) testimony of the parties;

(2) testimony of the witnesses;

(3) documents and reports;

(4) judicial notice;

(5) scientific evidence;

(6) expert testimony and
(7) presumptions.

At any time during the course of the proceedings the judge at the request of either of the parties, or on their own initiative may order them to appear in court to answer interrogatories related to the cause of action. The method for questioning a party to a lawsuit about facts related to the cause of action is regulated by the Code of Civil Procedure.

The most common way this is handled in Costa Rica is that the Court will set a date for the taking of the testimony of the Defendant to the lawsuit.

Prior to the date set, the Plaintiff to the lawsuit will prepare written interrogatories, no more than twenty questions are allowed, which are then placed in a sealed envelope and filed with the court prior to or on the date of the scheduled hearing. At the hearing which is presided by the Judge, the envelope filed with the court containing the questions to be asked of the Defendant are opened by the Judge and it is the Judge not the Attorney who asks the questions. The Judge may also rule on their own initiative that one or more of the questions contained in the interrogatory are not relevant and may reject them. The Attorney may ask for a clarification or reserve the right to follow up questions.

The presiding Judge who asks the interrogatory questions must also make a record of the question and the answer and they generally do this by typing it themselves into their word processor in the presence of all the parties. There are no court reporters in the Costa Rican judicial system to transcribe testimony. Instead, it is the responsibility of the presiding Judge to ask the questions, gather the answers and then make a record of it. All the testimony gathered at that hearing is then read back to the parties present and their Attorneys who all must agree and sign the transcription certifying that its content is accurate.

The taking of the testimony of the witnesses does not require written interrogatories but follows similar formalities. When either party indicates a witness to be used in support of their position they must set forth the exact items to which they will testify. When the witness is called to testify, it is the Judge who will present the questions to the witness and transcribe their answers for the record. The Attorney has the right to ask follow-up questions to the witness but only at the end of their testimony. In other words, the Attorney cannot interrupt the witness to ask for a clarification and instead must wait for the entire testimony to finish and then ask for the clarification.

If one of the parties to the lawsuit or witnesses does not speak Spanish the law requires that a court appointed interpreter be assigned to translate both the questions being asked and the answers being provided…

Please see ‘Litigation In Costa Rica’ – Part II here.

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Written and copyright by Attorney at Law – Roger A. Petersen. Roger has been an attorney since 1992 and is a member of both the Costa Rican and Florida Bar. He practices law in San José, Costa Rica and is the author of the best-selling book The Legal Guide To Costa Rica which you can order from Barnes & Noble here or from Amazon.com here. Attorney Petersen’s website can be found at Petersen & Philps Law Offices.




To speak with Attorney Roger Petersen about hiring him as your Costa Rica attorney, please contact him using the information below:

Andrew Makarik

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Andrew Makarik is the main editor of WeLoveCostaRica, a fan of this sunny country. He is also a loving husband and a has a lovely daughter. By being a devoted family man and the biggest Costa Rica fan, he wants to make more people feel at home there. WeLoveCostaRica unites people and helps them find new home or a new travel destination. This website is a friendly community where everyone can find not only information, but also new friends and travel pals. Andrew is also passionate about IT and programming, so he himself maintains a friendly atmosphere in this cozy environment of WeLoveCostaRica.com.