Facing a lawsuit in a foreign country can feel overwhelming. The Costa Rican legal system differs significantly from the Common Law traditions of the United States and Canada. That is why we have prepared this guide—summarizing the most critical insights every foreign client should understand before pursuing litigation in Costa Rica.
- Costa Rica follows a Civil Law system—not Common Law
Costa Rica operates under a Civil Law system rooted in the Roman-Germanic tradition. Judicial decisions do not create binding precedent, and judges primarily rely on written statutory law. This leads to a more formalist and structured approach to legal interpretation and procedure. - Legal proceedings can be lengthy—except for injunctive or expedited relief
Ordinary civil litigation in Costa Rica may take between two and five years, depending on the complexity of the case, evidentiary burdens, and judicial workload. However, urgent measures—such as preliminary injunctions—can be obtained much faster when immediate protection of rights is required. - Pre-litigation analysis and evidence management are critical
At Guardia Montes Abogados, we emphasize the importance of a comprehensive case assessment before initiating any legal proceedings. This protocol, which we apply consistently across all cases, ensures that each legal strategy is built on verified facts and a robust evidentiary foundation.
This is particularly crucial in Costa Rica, where the accuracy of public records and registries can vary, and may significantly impact the outcome of a case.
To stay ahead, we also rely on advanced litigation management software that provides real-time updates on court resolutions across all active files.
- Spanish is the official language of all legal proceedings
All legal filings and arguments must be submitted in Spanish. Foreign documents must be accompanied by certified translations. Having a bilingual legal team is essential—not only for procedural compliance but for ensuring alignment between legal strategy and the client’s expectations. - The burden of proof lies with the claimant
Costa Rican courts strictly apply the principle that “he who asserts must prove.”Therefore, having strong documentary evidence, expert opinions, and credible witness testimony from the outset is indispensable for a successful outcome. - Alternative dispute resolution is encouraged
Costa Rican law actively promotes conciliation, arbitration, and other forms of alternative dispute resolution (ADR). Depending on the case, early settlement may be a strategic advantage—particularly when time, reputation, or commercial continuity are priorities. - Work with a firm that combines local authority with global insight
Selecting the right legal counsel in a foreign jurisdiction is a strategic move. At Guardia Montes Abogados, we bring over 25 years of litigation experience, business-driven thinking, and a deep understanding of international clients’ needs. Our team provides clear, timely communication in both English and Spanish, and proactively manages each phase of the process.
Litigating in Costa Rica should not be perceived as a risk, but rather as a calculated action with the right team and a clear objective. When the process is backed by legal expertise, operational structure, and transparent communication, uncertainty is reduced—and legal disputes become opportunities to protect and enforce your rights.
