How The Central Authority Works in Paraguay

Written by: Undisputed Legal Inc.

This article will provide guidance on How The Central Authority Works in Paraguay. It was not until 1985 that Paraguay adopted the Civil Code of Argentina, which had been in place since the late 19^th century. In 1985 and 1988, Paraguay passed its own Code of Commerce, Code of Civil Procedure, and civil law. The significance of Argentina’s legal system stems from the lengthy time it ruled Paraguay. Spanish law is also relevant in the country. As such, serving your papers in Paraguay requires a private process service agency that is well-versed in the law of the country. Click Here for Frequently Asked Questions About Process Servers!

Until 2023, the Paraguay Central Authority of the Inter-American Convention coordinated and facilitated the execution of petitions for collecting evidence or letters rogatory throughout the country. After becoming a signatory to the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, Paraguay designated the Fiscala General del Estado, the Direccion de Asuntos Internacionales y Asistencia Juridica Externa as the primary entity responsible for carrying out service of international papers under the Hague Convention. Click here for information on How To Identify A Good Process Service Agency

Service of papers is imperative for parties involved in cross-border legal matters involving Paraguay and other member states of the Organisation of American States. As such, parties must involve a private process service agency that is well-versed in the processes and responsibilities of the Central Authority. We at Undisputed Legal serve your papers through process servers in Paraguay. To provide you with the most current and accurate information about the country’s Central Authority, we keep up with international legal cooperation requirements. Click here for information on How Rush Process Service Can Expedite Your Case.

Central Authority in Paraguay

As a representative of civilians before the armed forces and other governmental agencies, the Public Ministry plays a vital role in the functioning of the areas under state authority. The Public Ministry has complete discretion over all operational and administrative aspects of their responsibilities and exercising their authority. Their duties are carried out by the officers of the Attorney General of the State, the Directorate of International Affairs and Legal Assistance External (Fiscala General del Estado, the Direccion de Asuntos Internacionales y Asistencia Juridica External), as well as agents of the federal government, by the federal government, according to the rules set out by statute. Click here for information on How Service of Process Ensures A Solid Foundation

The Public Ministry ensures that everyone’s rights and guarantees are respected and encourages federal actions by the Constitution. Consequently, the responsibility for prosecuting offenders lies with the Public Ministry. The Directorate receives exhortations and letters rogatory sent by adhering states since it is the leading foreign affairs entry and processing office. Click here for information on How Process Servers Protect Your Rights: Myths Debunked

The highest court in the land sends out letters of rogatory or exhortation. The letters are received at the Ministry of Foreign Affairs’ Entry Desk and Processing Centre Directorate. The General Directorate of the Minister’s Cabinet receives these letters, and they are subsequently directed to the Legal Affairs Directorate by the General Cabinet Directorate. The letters are sent to the Paraguayan embassies by the Directorate of Legal Affairs. All requests for extradition must be processed through diplomatic channels by the Paraguayan Ministry of Foreign Affairs since the Central Authority on Extradition is the Ministry of Foreign Affairs. Nevertheless, any administrative or judicial authority may receive urgent communications.

The Central Authority is responsible for understanding the current management status of international mutual assistance requests. Consequently, the Ministry is responsible for the exact location of each file. Department of External Legal Assistance is one of six divisions within the Public Ministry. Several factors are set to complete procedures in the area of international cooperation. Consequently, aid requests are finalized, and the paperwork is sent straight to the Prosecutor’s office. Through the Department of State and the Judgement of the Supreme Court, the role of the Public Ministry as the governing body at the officially recognized regional instrument spans borders.

To bolster the Public Ministry’s investigative activity on an international scale, the Directorate of International Affairs and External Legal Assistance collaborates with the community of states and international authorities to tackle transnational organized crime. The State’s Attorney General receives advice from this entity as they study potential international legal and technical cooperation treaty projects, analyze and prepare international agreements, and negotiate with public and private organizations on a national and international scale. The State’s Attorney General acts in this capacity while also functioning as the Central Authority under the Hague Service Convention. Our Undisputed Legal private process servers are well-versed in the requirements of Paraguay’s authorities and courts. As such, we serve your papers by domestic law in Chile. To aid the work of the Public Prosecutor’s Offices, it provides ongoing technical advice on international criminal procedures and regulations.

The Attorney General for the State further studies potential international legal and technical cooperation treaty projects analyzes and prepares international agreements, and negotiates with public and private organizations on a national and global scale. The Public Ministry assists the State Attorney General in developing protocol for exchange of evidence and information (both legal and technical), and extraditions as demanded by other countries, international organisations, diplomatic missions, and the Paraguayan court system.

The State Attorney General coordinates with the Public Ministry’s Training Centre to plan, implement, and oversee ongoing training for the Ministry’s personnel in international relations, legal cooperation, and other related fields on a national and global scale. The Public Ministry relies on it to communicate with other public ministries and accredited diplomatic, consular, and international missions to the Republic of Paraguay.

Foreign Service of Papers in Paraguay

Previously, Paraguay could send out and receive requests for service under the Inter-American Convention on Letters Rogatory and Additional Protocol and forward them through the Central Authority. On 23^rd June 2023, the Republic of Paraguay deposited its instrument of accession to the 1965 Hague Service Convention and the 1970 Evidence Convention, two treaties about the service abroad of judicial and extrajudicial documents in civil or commercial matters. On January 1^st, 2024, after the Article 28 procedure was completed, the Hague Service Convention became effective for Paraguay.

Paraguay has approved and adopted the Apostille Convention through this legislation, but it was not immediately applicable. To become a member, Paraguay had to submit the accession instrument to the Dutch Ministry of Foreign Affairs. Secondly, the Contracting States were to be notified of the enactment by the aforementioned Ministry of Foreign Affairs, which is also responsible for designating the Competent Authority for Paraguay.

To ensure that a document is legitimate in its country of origin and the country where it will be filed, diplomatic and consular officials must go through a series of steps to process, authenticate, and certify the document. As a result, Paraguayan diplomatic and consular agents are required to authenticate any document issued or executed in a foreign state. To verify the authenticity of the signature, identity, and official capacity of the person signing or implementing a public document, it is later accredited to or located at the state of origin. A second round of legalization at Paraguay’s Ministry of Foreign Affairs, where the diplomatic agents’ signatures are certified, is necessary once the document reaches the country.

For many years, Undisputed Legal has successfully provided international process services in many countries, including Paraguay. According to Paraguay standards and regulations, our professional process servers will serve your papers. Especially considering recent changes in Paraguay’s international Conventions, involving a private process service agency like Undisputed Legal has become vital.

Civil Procedure in Paraguay

Before the COVID-19 pandemic, Paraguayan attorneys used paper to file court documents. Currently, only the initial intervention filings are still done on paper. Today, most filings in Paraguay are done electronically. Parties need to use paper forms when submitting new lawsuits. The court will then officially register the litigant and upload all necessary paperwork. The initiating documents are served on the respondent in paper form, and the respondent files its answer in paper form. All subsequent filings are done digitally, except the first two documents.

In criminal and civil proceedings, a trial by jury is not applicable. An initial submission for a straightforward collection claim could consist of no more than two pages. A promissory note and an explanation of the business relationship are all that the plaintiff requires to file the paperwork. The initiating document for a complex case can be lengthier. An ordinary collection claim might take twelve to eighteen months. Three years is the typical timeframe for complex cases. A private process service agency like Undisputed Legal can be beneficial in serving papers quickly in Paraguay.

In contrast to the United States, Paraguay does not employ a discovery process. What a plaintiff initially submits with a claim is often the sole evidence provided. Each side has six days to respond to the other’s document submission. Nevertheless, a forty-business-day evidentiary stage is required, with a twenty-day extension possible only in extraordinary circumstances. Since paperwork must accompany either the claim or the response, this is the time for all sides to gather evidence. At this point, both sides have presented their evidence, which includes expert reports and witness summonses.

If one party refuses to provide the evidence requested, the court will draw the ‘adverse inference’ that they are hiding something important and issue a subpoena. However, this inference will not be enough to sustain a judgment. A litigant can submit a witness list during the evidence phase of a case, and the court will decide which witnesses to summon. Another option is for the litigant to ask the court to call the expert witness to testify after they have filed a report so they can further explain their findings. These witnesses must testify at trial when both sides will have the chance to question them.

Typically, the losing party is the one who is expected to cover the legal fees of both sides. However, if the case is particularly complicated, raises novel issues, or the defense acted in good faith, the court may choose not to award fees. The new issue exception does occur, however, infrequently.

The writ of mandamus is analogous to an Amparo writ. This action aims to prevent a potential violation of constitutional rights in a different dispute. First, there’s the written lawsuit that goes up against the government. The other one is an oral proceeding that involves a private party. These typically come up when someone challenges the actual ownership of property.

Paraguay and the Inter-American Convention

Numerous parallels exist between the Hague Service Convention and the Inter-American Convention, including Letters Rogatory and the requirement that all documents served to Paraguay be translated. The Inter-American Convention and the Hague Convention are distinct from one another. Consequently, involving a private process service agency like Undisputed Legal with experience serving papers is essential according to both instruments.

For service of process in South and Central American countries, the Inter-American Convention takes precedence over letters rogatory. Each party to this convention has agreed to cooperate with the others in the service of the process, with a focus on civil and commercial actions. According to the Inter-American Convention on Letters Rogatory and Additional Protocol (IACAP), countries may find it easier to collaborate on law enforcement matters. Countries can only be granted treaty status if they sign both agreements, which the US sees as limiting to only serving process. Instead of using letters rogatory, the Convention now uses a foreign central authority to serve papers.

According to the IACAP, service can be utilized in administrative and criminal proceedings, as well as civil and economic matters. Letters can be delivered to their intended recipients through legal channels, diplomatic or consular agents, or Central Authorities in the originating countries. Each signatory state must notify the Organisation of American States General Secretariat regarding the Central Authority authorized to receive and deliver letters.

Traditionally, formal letters are not required. To request foreign judicial assistance without a treaty or other agreement, one must write a rogatory letter. Acting without the approval of a foreign court can be seen as a violation of a nation’s sovereignty. The judicial systems of different countries often communicate with each other through letters of this type. Assuming the foreign country’s laws permit it, letters rogatory can be utilized to serve the process or gather evidence.

When requesting service, it is necessary to include three copies of the summons, complaint, or other documents that need to be served. The official stamp of the United States District Court Clerk is required and cannot be omitted. The Central Authority’s signature and stamp, along with the seal of the relevant judicial or other authority in the country of origin, are required components of IACAP. For the form to be completed, it requires the signature and seal of the clerk of the United States court where the matter is currently pending. A contractor from the Department of Justice will sign and stamp on behalf of the United States Central Authority.

The authorities of the receiving state are responsible for resolving service issues that develop due to carrying out the measures requested in a letter rogatory. If they lack the authority to execute the letter rogatory, they must ex officio transmit the case documents and antecedents about the service to the relevant state authority. According to IACAP, all required Convention forms must be signed and sealed by a judicial authority of origin and the Central Authority before they can be used.

While letters rogatory are not inherently slower than other service forms, they can take more than a year and are more likely to experience unexpected delays, especially when served by an inexperienced process server. You can hire a private process service agency like Undisputed Legal to ensure your papers are served safely. Our team of professional process servers is available to help you with any urgent service or process requirements in Paraguay.

Notary In Paraguay

The notarial function in the Republic of Paraguay is based on the Latin notariat. In this system, the state appoints a legal professional called a notary to witness and attest to specific facts, declarations, and conventions that come before them. The notary’s job is to use their power to verify these claims.

Notaries and notary publics carry out the duties of a notarial registry as titular notaries within the departmental geographical jurisdiction. To carry out their functions, Notaries and Registered Notaries must pass the Paraguayan citizenship test, obtain a degree from a recognized university, either domestically or abroad, and have it revalidated by the National University to serve as a notary public. Anyone who has a final, enforceable sentence on their record cannot be a notary.

The notary is not allowed to set up access offices, rias, or branches in locations other than their registration seat, and they must first pass a competitive exam. Notaries must possess their Licence before they can take office. All members of the College of Notaries, along with their affiliates, will be required to take an oath before the designated member or the Supreme Court of Justice, promising to carry out their responsibilities with integrity.

When the new offices’ notarial documents are ready, the General Secretariat of Justice will check them for compliance with [A.] domicilium [B.] Seal and Cover. Except in the case of mediation, the notarial function cannot coexist with any other public or private duty or employment. The notary’s role is strictly protocol-based. At the end of each year, in December, they will inform the Supreme Court of Justice that the records under their care have been closed, along with the last performance’s date, number, and content. This will form the annual record.

The Notary must instruct encryption for the Powers of Attorney if they are to have legal effects before the principal and agent as well as third parties. The President of the Civil Appeal Court of the relevant judicial district will take possession of the Notarial Registry in inventory and ensure its transfer to the appropriate file in the case of a Notary Public’s resignation, death, or dismissal. A Notary Public can’t work under the dependency regime in exchange for a set salary or compensation; fees must be paid in compliance with this law.

A notary in Paraguay cannot help you serve your papers according to Paraguay’s requirements. As such, we are responsible for ensuring that all parties involved in judicial procedures receive the appropriate notifications. The administration of justice benefits significantly from the expertise, familiarity with local laws, and efficiency of professional process servers.

Power of Attorney in Paraguay

Parties should visit a local notary public if they do not reside in Catalonia and require a power of attorney quickly. Apostilles at the Notarial College in Paraguay are all needed for a power of attorney to be valid in the country. After obtaining an apostille, the Power of Attorney must be sent to Paraguay. However, it is essential to note that only mandates about the management of assets, transactions, collection of sums of money, and the execution of contracts involving absolute rights must be registered in the Registry of Powers (as per the General Directorate of Public Registries).

By visiting a Consular Representation, one can obtain general and special powers, which are considered public documents in Paraguay. The consular official can also serve as a notary or notary public under specific circumstances. Remember that Paraguay’s Legalisation Directorate of the Ministry of Foreign Affairs in Asunción must first legalize the power of attorney before it can be used. Additionally, the Registry of Powers (General Directorate of Registries Public) must be consulted if the mandate concerns the management of assets, transactions, receipt of sums of money, or the execution of contracts about fundamental rights, as well as their revocation, substitution, extension, limitation, waiver, suspension, or substitution.

A delegation of authority occurs when one party appoints another to act on their behalf in a particular circumstance. The applicant’s needs will determine whether broad or narrow powers are granted. A representative can generally act in one or more areas by executing a General Power of Attorney. This type of power of attorney also grants the agent additional authority and allows for the inclusion of particular provisions. A Special Power grants the agent the authority to do a specific legal action. The most common ones include things like real estate transactions (buying and selling), legal documents (such as passports and permits for children), family law matters (divorce, inheritance, etc.), and similar situations.

Anyone of legal age capable of making decisions can grant another person the power of attorney. It is necessary to bring either the current Paraguayan identity card or passport, the information of the individual to whom the donor is granting a power of attorney or the lawyer’s registration number. Furthermore, suppose it is a power of attorney to purchase and sell property. In that case, the donor must have the necessary data to identify the property, car, or asset.

A power of attorney can be utilized to appear as an actor or defendant before all or any of the superior and inferior Courts and Tribunals of the jurisdiction and Public offices. The POA can sign on behalf of the party for writings, requests, documents, evidence, witnesses, and other justifications, appeal and desist from appeals, absolve and have positions absolved, take and demand oaths, as well as real bonds, oaths, and guarantees, request preventive and definitive seizures, inhibitions, and their lifting, evictions, and releases. The attorney holder can appear before the Public Administration and all its powers, branches of autonomous and decentralized entities with the broadest powers

A private process service organization such as Undisputed Legal should be contacted by parties who wish to serve the power of attorney documents abroad. To put your mind at ease, we work hard to ensure the safety of your documents. We strive to alleviate any inconvenience that may arise throughout the service of process procedure because we know how stressful it can be.

Businesses, individuals, and attorneys can consider hiring a private process service agency such as Undisputed Legal to handle process services to free up time for other aspects of client cases. Our Undisputed Legal process specialists are well-versed in the local legal situation and are handling the work so that you can relax.

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Contact us for more information about our process-serving agency. We are ready to provide process service to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington D.C.

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Sources

¹ Code of Criminal Procedure of Paraguay – Law No. 1,286/98 – International Organisations and Their Legacy

² The warrant provisions outlined in the Civil Procedure Code will be followed as applicable.

³ Submitted to the 12 Capital Guarantee Courts

4 Departments, such as International Forums and Networks, Central Authority, Extradition, International Legal Assistance, and Secretariat, comprise the Directorate. The Public Ministry’s worldwide obligations in internal and international meetings related to International Legal Cooperation are monitored by the International Forums and Networks Area. The Public Ministry engages in regional and sub-regional forums, including AIAMP, REMPM, IBERRED, the Meeting of Central Authorities of the OAS Member States, RRAG-GAFISUD, UNODC, and others.

⁵ Mr. Federico Bartolozzi, Minister of Paraguay to the European Union, Embassy of Paraguay to the Kingdom of Belgium, the Grand Duchy of Luxembourg, and the Kingdom of the Netherlands were Paraguay’s representatives at the ceremony, which took place at the Netherlands Ministry of Foreign Affairs, depositary of the HCCH Conventions.

⁶ The president of Paraguay signed Legislation N° 4987/2013. By ratifying the Hague Convention of 5 October 1961 into domestic law of Paraguay, the apostille convention—the Requirement of Legalisation for Foreign Public Documents—is repealed.

⁷ The form and documents to be served must be accompanied by a certified cheque or money order for USD25.00, payable to the foreign central authority. The cheque will be refunded if the account has no service fees.

⁸ Chapter III, Sections I through VII of the Notaries and Notary Publics, whom the Law regards as supplementary and assistants of justice. Law No. 879/81, Judgement Organisation Code, governs the function.

⁹ Requests to be subscribed to the Opposition Competition must be submitted in writing to the Supreme Court of Justice for processing notarial registration.

¹0 As part of their official duties, public notaries who mediate transactions must include the following information in the public deed of transfer: the order number, the tax base, the tax amount, the location and date of payment, and the registration or seal of the receiving box.

¹1 In each public deed, the amount of the fees will be determined based on the following bases, where applicable:

related to the purchase price;
to the value agreed upon by the parties or used to calculate taxes;
to the loan amount or total obligation value;
to the contract’s value or amount;
to the authorized, subscribed, integrated, issued, increased, reduced, liquidated, or withdrawn capital.

¹2 Article 349, Law No. 879/81

¹3Public Registries General Directorate

Asunción, Paraguay,

Avenida Eusebio Ayala

¹4 Article 349, Law No. 879/81