Gathering Evidence in Aid of Foreign Litigation Guide |
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Costa Rica |
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(Latin America/Caribbean)
Firm
Facio & Cañas
Contributors
Roberto Leiva |
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| Does your jurisdiction permit gathering evidence in aid of foreign litigation? | Yes. Article 100 of the Code of Civil Process generally provides regulations about the local judiciary providing assistance to foreign courts or arbitrators. This provides a basis for local tribunals aiding foreign courts in gathering evidence. |
| Is your jurisdiction a party to the Hague Evidence Convention? Are there other statutory requirements for obtaining evidence in aid of foreign litigation? Please indicate the relevant statutes. | Yes. Costa Rica is a party to the Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters (the “Hague Evidence Convention”), since 2015. As to other statutory requirements, regulations are scarce, but article 100 of the Code of Civil Process provides that the requests for aid by foreign courts or arbitrators are processed by the competent panel of the Supreme Court as determined by the subject matter. There are four panels in the Supreme Court: I. Civil/Commercial and Government law; II. Family law, Labor law; III. Penal law; and IV. Constitutional law. In the absence of instruments of international law, the matter is ruled by national process laws, though at the request of the foreign court, specific procedures may be observed as determined by the Supreme Court panel. |
| Do requests for gathering evidence require approval by a court or administrative body? Please indicate the appropriate forum for making such requests. | As indicated above, the request is processed by the competent specialized panel of the Supreme Court. |
| What types of information can be sought? Requests for Documents? Written questions? Depositions? | There is no specific regulation in this respect. The cited rules allow for a very broad spectrum of forms of assistance, including language allowing for the accommodation of special requests by the requiring foreign tribunal. However, local courts would be less inclined to grant requests for forms of aid for which there is no national equivalent. |
| Who bears the burden of showing whether any privileges apply? | Allegation of privilege can be made by the party ordered to produce the evidence, but the judicial authority in charge can also rule ex-officio on the matter. |
| Does there need to be any showing that the information sought is allowable in the foreign jurisdiction in which the action is pending? | There is no legal provision in this respect. |
| If your jurisdiction allows depositions, may they be conducted remotely (by videoconference, Zoom etc.) | Yes. Local regulations permit the use of videoconferencing technologies. |
| Has your jurisdiction adopted any “blocking statutes” that limit the extent to which residents in your jurisdiction may give evidence in a foreign court’s civil or criminal proceedings? | There are no such regulations in place in Costa Rica. |
| May citizens residing in your jurisdiction voluntarily give evidence in a foreign proceeding? If not, what procedure must be followed before they can give evidence? If such restrictions exist, are they enforced in practice? | Generally, there is no local regulation preventing a person from giving a statement or producing other evidence voluntarily. However, there are legal provisions with respect to duties of confidentiality in contractual relationships and certain professional services. Furthermore, there are regulations on the handling, use and disclosure of personal data which might impose limits on someone’s ability to give evidence voluntarily. |
| Would your answers differ materially if the foreign proceeding is arbitration, and if so how? | No material difference. |
Gathering Evidence in Aid of Foreign Litigation Guide
Costa Rica
(Latin America/Caribbean) Firm Facio & CañasContributors Roberto Leiva GIANNA CERSOSIMO
Updated 23 Mar 2022Yes. Article 100 of the Code of Civil Process generally provides regulations about the local judiciary providing assistance to foreign courts or arbitrators. This provides a basis for local tribunals aiding foreign courts in gathering evidence.
Yes. Costa Rica is a party to the Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters (the “Hague Evidence Convention”), since 2015.
As to other statutory requirements, regulations are scarce, but article 100 of the Code of Civil Process provides that the requests for aid by foreign courts or arbitrators are processed by the competent panel of the Supreme Court as determined by the subject matter. There are four panels in the Supreme Court: I. Civil/Commercial and Government law; II. Family law, Labor law; III. Penal law; and IV. Constitutional law. In the absence of instruments of international law, the matter is ruled by national process laws, though at the request of the foreign court, specific procedures may be observed as determined by the Supreme Court panel.
As indicated above, the request is processed by the competent specialized panel of the Supreme Court.
There is no specific regulation in this respect. The cited rules allow for a very broad spectrum of forms of assistance, including language allowing for the accommodation of special requests by the requiring foreign tribunal. However, local courts would be less inclined to grant requests for forms of aid for which there is no national equivalent.
Allegation of privilege can be made by the party ordered to produce the evidence, but the judicial authority in charge can also rule ex-officio on the matter.
There is no legal provision in this respect.
Yes. Local regulations permit the use of videoconferencing technologies.
There are no such regulations in place in Costa Rica.
Generally, there is no local regulation preventing a person from giving a statement or producing other evidence voluntarily. However, there are legal provisions with respect to duties of confidentiality in contractual relationships and certain professional services. Furthermore, there are regulations on the handling, use and disclosure of personal data which might impose limits on someone’s ability to give evidence voluntarily.
No material difference.