Litigation in Dominican Republic
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The system of civil and commercial liability in Dominican Republic is based on the French Civil Code of 1804. The litigious process is an adaptation of 19th Century French civil procedure legislation with a certain number of updates and modifications.
It is foremost a written process whereby the parties present the evidence they wish to be considered and analyzed to the judge. Mandatory submission of evidence only occurs in exceptional cases and by a specific court order issued by the presiding judge.
Litigious proceedings are divided into two degrees of ordinary jurisdiction, where both the facts and the law are heard and one degree of extraordinary jurisdiction before the Supreme Court of Justice, concerned only with the proper application of the law. The first degree of ordinary jurisdiction is held before a civil and commercial judge while the second degree is held before a civil chamber composed of five regular judges. Access to the Supreme Court of Justice is limited based on certain requirements pertaining to the amounts and the type of dispute involved.
Usually it takes from 12 to 18 months for a dispute before the lower courts to be heard and a similar period before the Court of Appeal. The Supreme Court of Justice takes approximately 3 years to pronounce judgment on cases.
Litigation begins by the plaintiff filing an introductory plea and notifying the defendant via a bailiff´s act. In the plea the claimant must indicate the tribunal that will hear the case and provide a brief summary of the facts of the cause, stating the grounds for the suit and the petitions he will make to the competent tribunal.
The defendant has 10 days to answer the plaintiff via bailiff´s act, indicating the name of his defense attorney(s). Then the claimant or the petitioner asks the tribunal to assign a judge to hear the case. At the request of one of the parties the designated judge will fix a date for the first hearing which must be conveyed to the other party.
The first hearing is held with the both parties& attorneys appearing before the presiding judge. Unless instances are submitted, this first hearing sees the beginning of the debates and submission of evidence, which is essentially documentary or written evidence. Oral evidence is admitted very exceptionally.
The judge can order an expert witness or expert evidence at the parties´ request. This is when an expert is named to provide a report on a technical or complex aspect of the case.
It is up to the judge to decide how many hearings are necessary.
The Dominican legal system establishes the principal that all those alleging a fact of law must prove it. Therefore it is up to the acting party to produce the evidence.
The civil judge plays a passive role in the process. He is limited to receiving and analyzing the evidence and suggestions submitted to him by the parties and his decision is based on this evidence. A judge rarely decides without a requisition by the parties.
Dominican judges usually lean towards simple solutions and opt for sophisticated solution for complex problems only in exceptional cases.
The dispute solutions handed down by Appeal Court and Supreme Court judges tend to be more elaborate, stricter and more sophisticated than those given by lower court judges, as the former are more experienced and capable. A Dominican judge bases his decisions on the known facts and the evidence provided by the parties. The law grants him ample deliberative faculties when it comes to establishing and fixing the amounts of the sentences. This means that he is not subject to parameters or regulations when fixing the amount, he can set forth the sentences he deems fare, with the sole obligation of having to justify or explain his decision.
Notwithstanding their ample deliberative faculties Dominican judges are essentially conservative. The amounts awarded tend to be quite low in comparison to averages in other countries, including Latin American countries.
ABOUT THE AUTHOR: Rodolfo Mesa Chavez
Rodolfo Mesa Chávez is a Manager Partner at Mesa & Mesa and advises on all aspects of Corporate Law, Aviation, Insurance, Intellectual Property, Foreign Investment and litigation in Dominican Republic.
Copyright Mesa & Mesa Law Firm
More information about Mesa & Mesa Law Firm
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Litigious proceedings are divided into two degrees of ordinary jurisdiction, where both the facts and the law are heard and one degree of extraordinary jurisdiction before the Supreme Court of Justice, concerned only with the proper application of the law. The first degree of ordinary jurisdiction is held before a civil and commercial judge while the second degree is held before a civil chamber composed of five regular judges. Access to the Supreme Court of Justice is limited based on certain requirements pertaining to the amounts and the type of dispute involved.
Usually it takes from 12 to 18 months for a dispute before the lower courts to be heard and a similar period before the Court of Appeal. The Supreme Court of Justice takes approximately 3 years to pronounce judgment on cases.
Litigation begins by the plaintiff filing an introductory plea and notifying the defendant via a bailiff´s act. In the plea the claimant must indicate the tribunal that will hear the case and provide a brief summary of the facts of the cause, stating the grounds for the suit and the petitions he will make to the competent tribunal.
The defendant has 10 days to answer the plaintiff via bailiff´s act, indicating the name of his defense attorney(s). Then the claimant or the petitioner asks the tribunal to assign a judge to hear the case. At the request of one of the parties the designated judge will fix a date for the first hearing which must be conveyed to the other party.
The first hearing is held with the both parties& attorneys appearing before the presiding judge. Unless instances are submitted, this first hearing sees the beginning of the debates and submission of evidence, which is essentially documentary or written evidence. Oral evidence is admitted very exceptionally.
The judge can order an expert witness or expert evidence at the parties´ request. This is when an expert is named to provide a report on a technical or complex aspect of the case.
It is up to the judge to decide how many hearings are necessary.
The Dominican legal system establishes the principal that all those alleging a fact of law must prove it. Therefore it is up to the acting party to produce the evidence.
The civil judge plays a passive role in the process. He is limited to receiving and analyzing the evidence and suggestions submitted to him by the parties and his decision is based on this evidence. A judge rarely decides without a requisition by the parties.
Dominican judges usually lean towards simple solutions and opt for sophisticated solution for complex problems only in exceptional cases.
The dispute solutions handed down by Appeal Court and Supreme Court judges tend to be more elaborate, stricter and more sophisticated than those given by lower court judges, as the former are more experienced and capable. A Dominican judge bases his decisions on the known facts and the evidence provided by the parties. The law grants him ample deliberative faculties when it comes to establishing and fixing the amounts of the sentences. This means that he is not subject to parameters or regulations when fixing the amount, he can set forth the sentences he deems fare, with the sole obligation of having to justify or explain his decision.
Notwithstanding their ample deliberative faculties Dominican judges are essentially conservative. The amounts awarded tend to be quite low in comparison to averages in other countries, including Latin American countries.
ABOUT THE AUTHOR: Rodolfo Mesa Chavez
Rodolfo Mesa Chávez is a Manager Partner at Mesa & Mesa and advises on all aspects of Corporate Law, Aviation, Insurance, Intellectual Property, Foreign Investment and litigation in Dominican Republic.
Copyright Mesa & Mesa Law Firm
More information about Mesa & Mesa Law Firm
View all articles published by Mesa & Mesa Law Firm
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
