CODE OF CIVIL PROCEDURE IN NICARAGUA

This article will provide guidance on the Code of Civil Procedure in Nicaragua. Nicaragua's judicial system is founded on a hybrid of civil law and an adversarial approach, in which plaintiffs and defendants have equal footing. The procedure begins with written requests and oral defense arguments in open court.

Nicaragua has a complex legal system, and serving papers in the country is not always easy. Hiring a private Nicaragua process service agency like Undisputed Legal can be important in Nicaragua. Serving legal documents in a foreign country can be complex and time-consuming, and it is important to ensure that the service of process is conducted in compliance with local laws and regulations. Undisputed Legal can help ensure that the service of process is conducted properly and efficiently, which can help save time, money, and resources in the long run.

BACKGROUND

The very first level of the Nicaraguan judicial system is the provincial courts located in each province or territory. The appeals court, comprised of three or more magistrates, acts as the second level. The Supreme Court of Justice is the third tier of judicature, and it is split into the Civil Chamber, the Criminal Chamber, the Constitutional Chamber, and the Administrative-Contentious Chamber.

The Nicaraguan legal system generally mandates that all proceedings be conducted in open court. Exceptions to this rule are made only when a law specifically mandates otherwise or when the judge determines that doing so is necessary to ensure the safety, morality, or protection of the parties involved. Each party and its representatives are the only people accessing the current procedure's details.

Only attorneys registered and allowed by the Supreme Court of Justice of the nation may represent the parties. In order to represent that party, the representative just has to submit a power of attorney. Legal representation from outside the country is prohibited. There is no hard and fast rule in Nicaraguan law against paying for the claims of others. As a result, there is no hard and fast rule against accepting outside funds.

PRE-ACTION PROCEDURE IN NICARAGUA

The parties must attempt mediation as an alternative conflict resolution before filing a lawsuit. But, there are no consequences if the parties are unable to reach an agreement. Any legal action to collect a debt must be filed within ten years after the obligation's due date. Once the debt is due, the statutes of limitations begin to run.

All compensation, professional fees, arbitration fees, and notary fees have a two-year restriction period for which payment may be demanded. The court where the defendant resides is the proper venue for the plaintiff's lawsuit. On the other hand, the parties might agree to have their issue heard in a certain court.

As soon as the judge has authorized the case, a formal notification letter is sent to the defendant via the court service. If agreed upon by the parties in the contract, the defendant may be sued outside of the court's jurisdiction. No time is lost in the legal procedure if the plaintiff notes that the defendant did not react and requests a default decision. In spite of this, the defendant is free to join the procedure at any time without being able to change the effectiveness of any prior motions or actions retroactively.

The adoption of a new Code of Civil Procedure by the National Assembly (Nicaragua's parliament) in 2015 was a watershed moment in the country's legal history. The National Assembly of Nicaragua passed Act No. 902, titled ‘Code of Civil Procedure of the Republic of Nicaragua,’ on June 4, 2015; it was subsequently published in ‘La Gaceta,’ and it went into force and effect on that date, with a one-year term of vacatio legis.

A reputed international private process service agency like Undisputed Legal can provide valuable expertise and guidance on the best methods of service for a particular case. This takes into account the changes in the law that have happened since Nicaragua adopted a new Civil Procedure Code. It is important to hire an international private process service agency like Undisputed Legal since we can also help navigate any language or cultural barriers that may arise during the process of serving legal documents in a foreign country.

HOW TO SERVE A SUMMONS IN NICARAGUA

The Civil Procedure Code governs the procedure for serving a summons in Nicaragua. According to Article 243 of the Code, several methods of service may be used, depending on the circumstances of the case. The Code of Civil Procedure in Nicaragua outlines the methods of service that may be used to serve legal documents, including summonses.

Suppose it is not possible to serve the summons or notification in person. In that case, it may be sent by certified mail with a return receipt requested, addressed to the party's last known address, or by publication in a newspaper of general circulation. In all cases, the provisions of the law regarding service of process should be observed.’ A judicial officer or a court-appointed process server may serve the summons on the defendant in person. The judicial officer or process server must identify themselves and deliver a copy of the summons to the defendant.

The summons may also be sent to the defendant by certified mail with a return receipt requested. The summons must be addressed to the defendant's last known address, and a copy of the summons must also be sent to the defendant's attorney, if applicable. If the defendant's address is unknown or cannot be determined, the summons may be published in a newspaper of general circulation for three consecutive days. The defendant is deemed to have been served on the last publication date.

Suppose the defendant is a foreign national or is located outside of Nicaragua. In that case, the summons may be served through diplomatic channels in accordance with the laws of the country where the defendant is located. It is important to note that the method of service may vary depending on the specific circumstances of the case, and there may be additional requirements or procedures that must be followed. Additionally, if the defendant is located outside of Nicaragua, there may be additional international legal considerations that must be taken into account.

To ensure that the summons is served properly in Nicaragua, it is recommended that you consult with an experienced and reputable international private process service agency like Undisputed Legal that has expertise in serving legal documents in Nicaragua. We can help ensure that the service of process is conducted in compliance with local laws and regulations and can guide the most effective and efficient methods of service for your particular case.

ENFORCEMENT OF FOREIGN JUDGEMENTS

Nicaragua's civil procedural law allows for and guarantees the execution of foreign judgments, arbitration awards, and other settlements of disputes originating outside of Nicaragua. There is only one way for international judgments to be carried out: via the diplomatic route, where the foreign titles must be legalized by authentications or apostilles (if the country is a member of the apostille convention). If all the necessary paperwork is properly certified and translated into the official language, the execution of the verdict by the highest court might take anywhere from eight months to a year.

It is possible to have a ruling from a foreign court not be recognized or enforced by a court in Nicaragua. A foreign court ruling from a nation whose courts do not accept Nicaraguan decisions may be rejected for recognition and execution by Nicaraguan courts (reciprocity). It is also possible to contest the judgments if the judgment does not have the force of res judicata in the nation where it has been issued.

A foreign judgment may not be enforced in Nicaragua if the decision conflicts with a prior ruling issued by the courts of Nicaragua and the judgment does not meet the minimal standard of the form set by the laws of the country of origin. This is also the case if the judgment affects the principles of public order established by the laws of Nicaragua.

The authentication procedure by the consular authorities or apostille is all that is necessary for the enforcement of judgments based on international treaties; no further formalities are necessary. No, that is not the case. The filing of a claim for enforcement does not incur any costs from the Court. It should be noted that enforcing a decision in court does not have any additional mandatory procedures in Nicaragua. The High Court of Justice has the authority to hear enforcement decisions.

Our Undisputed Legal private process servers specializing in Nicaragua are familiar with the local laws and procedures related to enforcing foreign judgments. This knowledge can be invaluable in ensuring that enforcing a foreign judgment in Nicaragua is carried out correctly and in compliance with local law. This can also help sidestep major errors that often occur in international process service, delaying already long timelines.

FOREIGN PROCESS SERVICE IN NICARAGUA

By depositing its instrument of accession on July 24, 2019, Nicaragua became a party to the HCCH Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Cases (‘Service Convention’) on February 1^st, 2020.

The Hague Service Convention made it easier for parties to accomplish service in other contracting nations by standardizing the manner in which they would do so. Each contracting state must appoint a single authority to receive requests for assistance from other states. It is permissible for a judicial officer authorized to serve process in the issuing state to submit a request for service directly to the competent authority in the receiving state. Following receipt of the request, the recipient state's centralized authority will make arrangements for delivery, usually via a local court. After the service has been completed, the requesting judicial officer will get a certificate of service from the centralized authority.

Service of process may be made via the mail system, by diplomatic or consular representatives, by judicial or governmental authorities, or by other competent people, all of whom are recognized under the Hague Convention. The turnaround time for the Central Agency's services is typically between four and twelve months. If parties have not obtained a certificate of service or delivery from the Central Agency after waiting six months, they may seek remedy under the convention. The Court has the discretion to issue a ruling in such situations if it determines that a sufficient amount of time has passed. As a bonus, the court may impose a temporary restraining order or other protective measures immediately rather than waiting the standard six months.

The interested party must file a written request for recognition of the judgment with the Civil Court of the Supreme Court of Justice. To allow the counterpart to challenge the verdict and its enforcement in Nicaraguan courts, the defendant must be called and informed of the request within five days.

You may rely on Undisputed Legal’s comprehensive service process since we know what it takes to serve papers satisfactorily, according to the Hague Service Convention. If you need to get a case started but are unsure how to serve someone legally, we can walk you through the process and make sure you follow domestic and international requirements. You may trust us to find your defendant and deliver your court papers to them without violating any laws or boundaries, thanks to the databases we have at our disposal. With the help of our Hague Convention process server expertise, we can serve legal papers anywhere in the world quickly and efficiently. If you need legal papers served, Undisputed Legal can help.

Our Process

Documents can be faxed at (800) 296-0115, emailed to ps@undisputedlegal.com, or uploaded to our website. We do require prepayment and accept all major credit and debit cards. Once payment is processed, your sales receipt is immediately emailed for your records.

Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; Our receptionist will receive all documents.

DOMESTIC COVERAGE AREAS:

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OFFICE LOCATIONS

New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
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Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 - 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 - 1101 Pennsylvania Avenue, N.W. Suite 300, Washington DC 20004

for assistance serving legal papers in Nicaragua

Simply pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your Nicaragua process service needs; no job is too small or too large!

Contact us for more information about our process-serving agency. We are ready to provide service of process 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. The inquisitorial conventional method ingrained in the former Criminal Instruction Code from 1879 was superseded by the accusatory system under the new Code of Criminal Process introduced in 2001. This has led to criminal processes that are shorter, more open, and more efficient than ever before.

2. The oral system has been implemented for labor matters at the administrative level and family-related cases in court as part of the modernization efforts in the various procedural spheres, with positive results in terms of procedural swiftness, access to justice, and the system's overall efficacy.

3. The article states:

‘Summonses, notifications, and other documents shall be served personally by the judicial officer or by the process server appointed by the court.’

4. That the resolution to execute has not been served on the defendant against whom the judgment is intended to be implemented in line with the regulations of the country of origin.

5. Without binding international agreements, governments must at least meet the following conditions for the concept of reciprocity to be in effect:

In the jurisdiction from whence it was issued, the decision has the force of law as res judicata.
The determination to execute the judgment has been communicated to the defendant against whom it will be implemented in line with the country of origin's regulations.
To meet whatever minimal formal requirements are imposed by the laws of the nation of origin for a judgment.
The ruling will not disrupt Nicaragua's legal system or its commitment to public safety.
That this finding does not conflict with a prior decision made by a Nicaraguan court.

6. Even though there are no hard and fast rules on what an application for enforcement must include, it is helpful to note that it must meet the broad criteria of articles 420 and 421 of the Nicaraguan Code of Civil Procedure. While Article 421 of Nicaragua's Code of Civil Procedure governs the implementation of foreign judgments, the conditions of the Code of Civil Procedure itself are not binding.

7. Nicaragua is a signatory to five HCCH conventions but is not yet a member of the HCCH (Apostille, Evidence, Child Abduction, Child Protection, and Child Support).

8. Articles 8–10 address these situations, and each member state may or may not recognize certain methods of service as legal inside its borders. All member nations are required to use the Central Agency as the means by which legal papers are served (Article 5).