An exequatur process is one that seeks a judicial decision that makes a resolution issued by a foreign court legally enforceable or executable in our country. The Chambers of the Supreme Court of Justice will be in charge of resolving these processes, according to the corresponding matter; for example, in family matters, they correspond to the Second Chamber.

Once the decision of a foreign court or tribunal is final or final (not subject to appeal), the interested party must request the respective Chamber to conduct a complete review of the documents submitted and to approve their legal execution in Costa Rica. The Chamber will not pass judgment on the case, it must simply approve or deny the exequatur request.

This means that your rights are protected in Costa Rica, even if they come from a foreign court or tribunal, however it is vital that this process is carried out with the proper legal advice in order to ensure the effective protection of your rights and to comply with all the formalities that the exequatur process requires.

The legal representation filing an exequatur process must comply with the following requirements, as established in Article 99.2 of the Code of Civil Procedure:

● Authentic copy of the decision, issued by the judicial authority of the country of origin.
● The official translation of said decision, in case the decision was issued in a language other than Spanish.
● It shall be proved that in the proceeding in which the international decision was rendered, the defendant was legally summoned and that, in case of default, it has been declared as such.
● The claim invoked must not be contrary to national public policy.
● There must not be a pending proceeding in Costa Rica or a judgment with the authority of res judicata.

This last aspect is of vital importance, since if there is a judicial process in process in our country, the exequatur will be denied by the Chamber, since the process that was instituted in the Costa Rican courts will have to be followed.

If you require advice on this subject, or require legal assistance on any other related matter, ERP Lawyers has a specialized team at your disposal that will gladly assist you with your needs. Do not hesitate to contact us at info@erplawyers.com!