CODE OF CIVIL PROCEDURE IN PARAGUAY

This article will provide guidance on the Code of Civil Procedure in Paraguay. The Republic of Paraguay is governed by a representative, participatory, and pluralist democracy based on respect for individual liberty and dignity. Democracy is the people's expression of their inherent sovereignty.

One of the main advantages of involving Undisputed Legal to serve papers in Paraguay is that we can ensure that your legal documents are served in accordance with the local laws and regulations. In a jurisdiction like Paraguay that is not a signatory to the almost ubiquitous Hague Service Convention, you may have to spend significant time and money trying to navigate the local legal system. This can be particularly challenging if you are unfamiliar with local laws and customs. By hiring an international private process service agency like Undisputed Legal, you can save time and money by having a professional handle the process.

BACKGROUND

The Republic's foundation rests on the National Constitution. Laws enacted by Congress and other subordinate dispositions that have been confirmed, along with the Constitution, treaties, covenants, and international agreements recognized and ratified by the legislature, make up national positive law in descending order of an authority.

Local governments in Paraguay, such as departments, municipalities, and districts, have considerable political, administrative, and normative autonomy. They also have complete independence in gathering and investing their resources within constitutional bounds. To aid the Executive Power in carrying out national policy, each Department is headed by a Governor and governed by a Departmental Assembly. These positions are filled via popular vote simultaneously with national elections. The bodies originated with the previously enacted Constitution.

Paraguay has original and appellate jurisdiction, which the five-member Supreme Court handles. Civil/commercial, criminal, labor, and juvenile courts serve as appellate bodies. Appeals courts deal with both criminal and civil disputes in separate chambers. The central government appoints a judge for each rural district (partido), responsible for mediating conflicts, trying criminal cases, and handing down sentences. Members of the Supreme Court must be appointed with the approval of the Council of State, and the Council of State may impeach them. Justices of the peace handle minor matters.

Judicial nominees are chosen by a non-partisan panel that collaborates with lawmakers and the president, according to the Constitution of 1992. The military also has its judicial system. Civil law is the foundation of the judicial system, with significant input from the French and Argentine legal systems. Navigating Paraguay’s specific justice requirements often requires external help to serve legal papers in accordance with judicial norms, which is where the aid of a private process service agency like Undisputed Legal is advantageous.

DOCUMENTS REQUIRED TO START A CLAIM IN PARAGUAY

All documents must be signed by all parties and may be either typed or written by hand in dark to indelible ink. Upon the party's request with interest, the document must be signed by the secretary, who must attest that the person whose name is being used is permitted to sign or that they have validated the authorization.

All transferable papers, answers, and attachments must have as many signed copies as there are parties involved. They will be given these copies after receiving word of the final verdict. The time limit for responding to the transfer will be tolled if the copies are not provided. If the omission is not remedied within three days after being called, ex officio, or at the request of a party, the document will be treated as not submitted—a written or documented form, if relevant.

Documents whose replication is problematic owing to their quantity, extension, or any other justifiable cause may be requested to be copied without being submitted together with the original if the judge so determines. If neither party has copies, the court will decide what steps must be taken to minimize the impact on the non-copying party.

INITIATING A CLAIM IN PARAGUAY

Initiating a legal claim in Paraguay can be a complex process, and it is crucial to understand the local legal system and the procedures involved. It is preferable to involve the services of an experienced private process service agency like Undisputed Legal to serve your papers, especially since the process of filing a claim can vary depending on the type of claim and the jurisdiction in which it will be filed.

The complaint should state the legal basis for your claim, the facts supporting your claim, and the relief you seek. The complaint must also comply with the local procedural rules, such as formatting requirements and service of process requirements. After the complaint is filed, the defendant must be served with a copy of the complaint and a summons. The service of process must comply with the local rules, so it is important to hire a private process service agency like Undisputed Legal that is very familiar with local and international requirements.

Initiating a claim in Paraguay can be a time-consuming and challenging process. Still, with the help of our servers at Undisputed Legal, you can navigate the legal system and increase your chances of a successful outcome. The procedural actions must be carried out in the specified days and hours. Otherwise, they will be null and void. Each day of the year is considered a business day unless specifically excluded by legislation or agreement with the Supreme Court of Justice. The process may also be completed outside of regular business hours if initiated within regular business hours. If it cannot be done before the end of the day, it will resume at the same time the next working day.

Undisputed Legal ensures that your papers are secure during the process service timeline. The files will remain in the secretary's office at the parties' disposal. They may be removed only with the permission of the Public Ministry's representatives, sponsoring lawyers, attorneys-in-fact, experts, or notaries, whose addresses must be recorded in the respective receipt book either to allege well-proven and found and answer appeals and annulment or to practice liquidations and skills.

SUMMONS AND NOTIFICATION IN PARAGUAY

Notification of resolutions will always take place on the Tuesday or Thursday following the day they were issued or the next working day if either of those days fell on holiday, subject to the restrictions of Article 6. If the file is not located in the secretariat, the notification will not be deemed complete, and this fact will be noted in the logbook maintained for this function.

Upon the request of the interested party, the secretary must promptly execute the certificate in the presence of the interested party and accordance with the legislation. Withdrawing the file will automatically trigger a notice of all completed activities and issued resolutions included inside. When an attorney or lawyer requests that a client return a signed copy of a document, such action constitutes constructive personal notice of the transfer conferred to the client. Notification via identification card is not required if the interested party agrees to be notified in person. The actuary or the secretarial official must sign and date the personal notice for it to be legally binding. A notification will be forwarded to the appropriate Public Ministry and court authorities on the second business day after the file's arrival.

The certificate of notification will include [A.] the name and surname of the person to be notified or the corresponding designation and the address of the person to be notified; [B.] the process in which it is practiced; [C.] the court and secretariat in which it is processing or court; [D.] a transcription of the relevant part of the resolution; and [E.] the object, clearly expressed if it does not result from the transcribed resolution. The ID must include specific details about any copies of supporting materials that are being submitted.

There will be two copies of the notification certificate issued. The date, time, and location of the process, together with the signatures of the addressee and notifying official, will be noted at the bottom of the copy that will be added to the file. If the defendant refuses or cannot sign, the certificate will include that. Suppose the person the notifier is trying to reach is not home when the notifier arrives. In that case, the server will leave the identification with someone else in the house, department, or office or with the building manager and continue as described in the preceding article. Suppose the identity card cannot be delivered to the interested party. In that case, the delivery agent will leave a notice indicating that they will return the following day at a specified time, and if they cannot do so, they will continue with the procedure.

If a party requests it, a judge or court might instead notify them of the decisions that need identification cards by sending them a certified letter from the clerk with a notice of return or a collated telegraphic dispatch. The key statements of the ID card will be included in the notice that will be delivered through compiled telegram. Each telegraph will be printed twice; the secretary will sign and send the original, and the copy will be kept in the file.

The notification date is determined by the date the telegraph or letter is recorded as having been delivered to the recipient's address.

The printer's receipt and a copy of the edict's first and final pages will serve as proof of publishing. Both sides need to agree on two newspapers to use for publishing. Moreover, the judge will make such determinations when the law does not specify a certain number of publications or a specific time frame within which an act must be completed.

INTERNATIONAL SERVICE OF PAPERS IN PARAGUAY

Paraguay is excluded from its provisions as a non-signatory to the Hague Service Convention. However, it should be noted that a private process service agency like Undisputed Legal may still operate in any jurisdiction, regardless of whether or not that jurisdiction is a party to the Hague Service Convention. Paraguayan process servers use tactics similar to those used in the United States when serving legal documents. Police officers and other government employees who are off-duty but still in a position of authority may be able to serve legal papers.

The Inter-American Convention on Letters Rogatory and its accompanying Additional Protocol (IACAP) hold power in Paraguay. The IACAP replaces the time-honored letters rogatory method, allowing a foreign governmental body to serve papers. Although the IACAP only applies to civil and commercial proceedings by its wording, it allows governments to extend its scope to include criminal and administrative cases. At Undisputed Legal, we are familiar with the specifications for formal letters rogatory used to achieve service in criminal and administrative issues.

It is imperative to provide three (3) copies of the summons, complaint, or other papers to be served together with the original and two (2) copies of the request for service form. The form does not need to be translated into a foreign language, but any papers that will be served there, such as a summons and complaint, will need to be translated into that language.

The form must carry the seal and signature of the judicial or other authority of the country of origin and the signature and stamp of the Central Authority, unlike the Hague Service Convention, which only needs the signature of the clerk of court in the country of destination. Where it says ‘Signature and stamp of the judicial or other adjudicatory authority of the state of origin,’ the court clerk must insert their seal and signature where the case is ongoing.

FORM OF INTERNATIONAL PAPERS IN PARAGUAY

Although the IACAP states that no fees will be charged for handling requests, Central Authorities may nonetheless charge parties for the expenses of services rendered to accomplish service, provided that such fees are reasonable and consistent with applicable law. Costs to the foreign centralised government might reach USD 25 USD in certain nations. Accordingly, a USD25.00 certified check or money order made payable to the foreign central authority should be provided with the form and the papers to be served if service is sought in a country other than Mexico or Argentina. If there is no charge, the check will be refunded.

The central authority in the foreign country will attest to service by signing Page 7 of the form.. The private contractor serving as the U.S. Central Authority on behalf of the Department of Justice accepts requests from foreign Central Authorities for service of process in the United States, as required by the Convention, even though alternative methods of service, such as personal or mail service, are permitted in the country. Requests for services submitted in accordance with the Convention and Additional Protocol are provided by the private contractor free of charge.

To reach foreign judicial authorities, letters rogatory must use exhortations in Paraguay. Both the transmission and reception of such messages from the agencies will be subject to the terms of applicable international agreements and treaties. In the absence of these, and the case of letters rogatory received from foreign authorities, it will be required that they be duly legalized and authenticated by a diplomatic or consular agent of the Republic. If the Paraguayan judge agrees to their compliance, they will be processed in accordance with national laws. Those released at the interest party's request will state the name of the person in charge. The exhortante will not have to pay for any of the expenses caused by the ex officio's directives.

Deliveries of the abovementioned transactions and exhortations will be made no later than the third day after the execution of the resolution that orders them. Our Undisputed Legal process servers in Paraguay play an important role in upholding the rule of law and ensuring that individuals and businesses have access to justice, regardless of location. By serving legal documents in accordance with international law, we can help maintain the integrity and fairness of the legal process and contribute to resolving disputes in a timely and effective manner.

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:

INTERNATIONAL COVERAGE AREAS:

OFFICE LOCATIONS

New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
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 PARAGUAY

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 Paraguay 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.

"Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives"- Foster, William A

Sources

1. The Legislative Power reviews and potentially modifies or rejects each agreement made by the national government and implemented by the Executive Power. After being approved by both houses of Congress, a bill is sent to the Executive Authority to be enacted and assigned a lawful statute number.

2. The administration appoints federal judges and magistrates for five-year terms that coincide with the presidential term, guaranteeing that the sitting president will always be responsible for naming the members of the Supreme Court and lower courts.

3. The Supreme Court has appointed 215 magistrates and judges to the subordinate courts since 1997 on recommendations from the Magistrates Council.

4. However, the act may be declared null and void if it lacks a necessary formal or material element. Even if the act is invalid, the annulment process cannot continue after it has run its course.

5. Nullities that may be declared ex officio. Where the flaw precludes a final decision from being properly rendered, and in other situations where the law requires it, the nullity will be proclaimed ex officio.

6. Unless the legislation creates nullity ex officio, nullity will only be proclaimed upon the request of the person damaged by the defective conduct, provided that they did not contribute to it.

7. the judge will determine the time frame within which the file must be returned, which must be specified on the receipt.

8. The IACAP allows courts in border regions of the states parties to execute the requests, and such requests immediately must not need authentication