A Guide to Litigation in Costa Rica

The Costa Rican legal system offers a robust framework for resolving disputes, reflecting our country’s dedication to justice and the rule of law. Whether addressing personal, commercial, or administrative conflicts, the litigation in Costa Rica ensures transparency, fairness, and adherence to strict procedural standards. The system accommodates both local and international parties seeking to protect their rights.

CPG Legal, a Costa Rican law firm with extensive expertise, provides comprehensive representation to guide clients through the complexities of litigation in the country. Filing a lawsuit is a significant decision that requires careful planning. We have extensive procedural litigation experience, providing comprehensive legal services for individuals and businesses.

Costa Rica’s Legal Framework

Costa Rica’s legal system is essentially coded in laws, and jurisprudence is used to interpret and integrate the law. The judiciary is structured into various levels:

Trial Courts (Juzgados y Tribunales de Primera Instancia): Handle initial stages of civil, criminal, family, labor, and administrative cases.

Appellate Courts (Tribunales de Apelación): Review legal and factual aspects of the resolutions under appeal.

Supreme Court of Justice (Corte Suprema de Justicia): The highest judicial authority, divided into specialized chambers for civil , family, criminal, and constitutional law.

This hierarchical structure ensures that cases are reviewed meticulously, offering multiple avenues for appeals and adjustments. Costa Rica’s focus on fairness and adherence to the rule of law has earned its judiciary respect domestically and internationally.

Key Types of Litigation

1. Civil Litigation

Civil litigation is the legal process by which private parties resolve disputes through the judicial system. It typically involves non-criminal matters, where one party seeks compensation or enforcement of rights against another. Examples of civil litigation are:

Breach of Contract: Disputes over unfulfilled agreements.
Property Disputes: Conflicts regarding ownership, boundaries, or adverse possession.
Probate: Handling wills, inheritances and probate matters.
Civil Damages Claims: Arising from contractual or extracontractual civil responsibility.
Debt Collections and Executions: Regarding unpaid obligations, promissory notes, mortgages and liens.

Civil litigation often requires a thorough examination of documentation, witness testimony, and expert opinions. Each case is unique and demands tailored strategies to achieve favorable outcomes.

2. Commercial Litigation

Corporate Disputes: Shareholder or partnership disagreements.
Breach of Commercial Contracts: Issues arising from failed business agreements.
Consumer Rights.
Key Difference: Commercial claims often fall under the Commerce Code, with shorter statutes of limitations than civil claims.

Commercial litigation is essential for maintaining trust and accountability in business relationships. It provides mechanisms to enforce agreements and protect corporate interests.

3. Criminal Litigation

Criminal cases involve strict procedural requirements and demand evidence that meets a high standard of proof. Criminal litigation revolves around crime and punishment, and victims often play a crucial role in initiating and supporting cases.

4. Labor Litigation

Focuses on employee rights, including wrongful termination and unpaid wages. Labor courts tend to favor workers.

Labor litigation reflects Costa Rica’s commitment to upholding employee rights. The courts ensure fair treatment and resolve disputes that could impact livelihoods.

5. Family Litigation

Covers divorce, custody, child support, spousal alimony, and property division, emphasizing child welfare. Family disputes often involve emotional and financial complexities. A balanced approach to prioritizing the welfare of children and equitable solutions for adults is critical.

6. Agrarian Litigation

Resolves disputes over agricultural land use, ownership, and tenancy. This area of law is particularly important in rural regions, where land use and ownership often underpin community livelihoods and local economies.

7. Administrative Litigation

Challenges government decisions, permits, or public contracts. Administrative disputes require a deep understanding of regulatory frameworks and procedural rules. These cases often involve entities seeking to protect their interests against governmental actions.

Steps to File a Lawsuit

1. Case Theory: As your attorneys, we will identify the correct jurisdiction, whether it’s civil, family, or labor. We will also examine case theory to correctly assess the legal situation and strategize the best route for a favorable outcome.

2. The Right Venue: We will also ascertain which is the appropriate territorial circumscription. Lawsuits must be filed correctly.

3. Lawsuit Filing: CPG Legal will prepare the lawsuit in Spanish and authenticate the necessary signatures.

Litigation can involve several stages, from filing initial complaints and lawsuits to presenting evidence and legal arguments during hearings. Each phase requires precision and adherence to procedural norms.

Legal Representation Across Costa Rica

CPG Legal provides legal services in all provinces of Costa Rica, including San José, Cartago, Guanacaste, Puntarenas, Heredia, Alajuela and Limón. Whether the case involves civil, commercial, family, or criminal matters, CPG Legal offers dedicated support tailored to individual client needs.

CPG Legal’s practice includes thorough case preparation, clear communication, and a focus on achieving the best outcomes for its clients. The firm strives to make the legal process less daunting and more transparent, ensuring every client receives expert guidance.