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FAQs Litigation
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What shall I be aware of, before filing a Complaint?
A lawsuit is an action brought before a court of law in which a plaintiff seeks a legal or equitable remedy. Before filing a lawsuit, explore these considerations before and after seeking professional legal advice. i) Do you have a good cause/reason and a good case? ii) Do you have material evidence to prove your case? iii) determine the money you will need to bring the lawsuit to Court, iv) Consider whether you will be able to collect on a judgment if you are successful in Court, v) Check whether your lawsuit is timely or not.
What types of cases does the Litigation Department often handles?
Our Litigation area basically provides legal assistance and prosecution counsel to its clients, in a wide variety of legal matters such as: i) trademark and copyright infringement, ii) domain names, iii) nullity actions, iv) regulatory affairs, v) constitutional actions, vi) unfair competition claims, vii) criminal cases, viii) consumer protection claims (product liability), ix) personal injury lawsuits, x) contract actions, xi) civil rights cases, xii) collection of pending debts, xiii) mediation, xiv) conciliation, xv) local and international arbitration, etc.
Is there any remedy or alternative tending to solve the case, different from going to trial?
As a matter of fact, in some cases before filing a Lawsuit, Colombian Procedural Laws provide that the parties must exhaust an attempt to settle the dispute through mediation or conciliation. Regardless of it, even while a proceeding is judicially ongoing, the parties might come up with a concerted solution which will bring to an end the case. Consider whether there is any other way to resolve the dispute other than by filing a lawsuit.
Are Arbitration and/or Meditation used in Colombia?
ADR (Alternative Dispute Resolution Mechanisms), are often used in Colombia as people are more willing to engage in alternative mechanisms different from litigation, due to the cost and time involved in judicial proceedings. Arbitration and mediation are different in several ways but similar in that they provide an alternative to court and are usually much less expensive.
In Colombia, what is a statute of limitations?
In our jurisdiction one can consider a statute of limitations as a legal deadline by which a plaintiff must file or at least, try to initiate a lawsuit against his/her counterpart. In case the the plaintiff fails to promote the action by the time the statute of limitations runs out, then he or she will be banned the chance of bringing the action before any national Court ever again. The main purpose of this legal figure is to prevent old claims from arising again, contrary to the expectations of the parties. The time period varies by the type of lawsuits, so it will require to previously determining the viability and conviction that the action is indeed being filed timely.
What kinds of Courts there are in Colombia and how are those appointed?
Depending on the nature of the matter, the amount or quantity pursued through it, Cases are either brought before the Civil Courts, Criminal Courts or Administrative Courts. There are three different levels of these courts: i) First Instance Courts (Civil Circuit/Criminal/Administrative Judges), ii) Court of Appeals iii) the Supreme Court of Justice and iv) the Council of State. Nevertheless, in case the matter implies the breach of a Constitutional Right, the matter shall be raised before the Constitutional Court. Likewise, there are specific Courts in charge of handling certain types of cases: Labor Court, Family and Juvenile Court, and Administrative Courts (where the Colombian Government has the role of, either Plaintiff or Defendant)
Is there trial by jury in Colombia?
Trial by jury does not exist in our country as said practice is more often used in Common-Law tradition jurisdictions. All matters of law and fact are determined before a judge who will render a decision. However, if the case is held before a Court of Appeals or the Supreme Court, the number of Justices varies from 3 to 25, depending on the Court and the level of the appeal.
Are foreigners entitled to file a Lawsuit in Colombia?
Yes, depending on the nature of the dispute, foreigners have the right to file cases in our country in any of the courts, if the matter they wish to pursue in the courts falls under our national jurisdiction. A person does not have to be a resident of Colombia to file a case.
How long will an ordinary litigated case take?
The length of a case depends on its complexity. Generally, cases often take almost 2 years before there is a first instance ruling. Consequently, it can take between 3 to 4 years to obtain a definitive decision from the Court of Appeals.
If I contact your Law Firm, will I meet with a lawyer?
Usually, our client's first contact is done by a phone call or by e-mail. If you schedule a meeting, both a Partner and an Associate Attorney will meet with you. During the course of our representation, you will have a legal team on which an attorney will always be active and responsible for paralegals or legal assistants.
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A lawsuit is an action brought before a court of law in which a plaintiff seeks a legal or equitable remedy. Before filing a lawsuit, explore these considerations before and after seeking professional legal advice. i) Do you have a good cause/reason and a good case? ii) Do you have material evidence to prove your case? iii) determine the money you will need to bring the lawsuit to Court, iv) Consider whether you will be able to collect on a judgment if you are successful in Court, v) Check whether your lawsuit is timely or not.
What types of cases does the Litigation Department often handles?
Our Litigation area basically provides legal assistance and prosecution counsel to its clients, in a wide variety of legal matters such as: i) trademark and copyright infringement, ii) domain names, iii) nullity actions, iv) regulatory affairs, v) constitutional actions, vi) unfair competition claims, vii) criminal cases, viii) consumer protection claims (product liability), ix) personal injury lawsuits, x) contract actions, xi) civil rights cases, xii) collection of pending debts, xiii) mediation, xiv) conciliation, xv) local and international arbitration, etc.
Is there any remedy or alternative tending to solve the case, different from going to trial?
As a matter of fact, in some cases before filing a Lawsuit, Colombian Procedural Laws provide that the parties must exhaust an attempt to settle the dispute through mediation or conciliation. Regardless of it, even while a proceeding is judicially ongoing, the parties might come up with a concerted solution which will bring to an end the case. Consider whether there is any other way to resolve the dispute other than by filing a lawsuit.
Are Arbitration and/or Meditation used in Colombia?
ADR (Alternative Dispute Resolution Mechanisms), are often used in Colombia as people are more willing to engage in alternative mechanisms different from litigation, due to the cost and time involved in judicial proceedings. Arbitration and mediation are different in several ways but similar in that they provide an alternative to court and are usually much less expensive.
In Colombia, what is a statute of limitations?
In our jurisdiction one can consider a statute of limitations as a legal deadline by which a plaintiff must file or at least, try to initiate a lawsuit against his/her counterpart. In case the the plaintiff fails to promote the action by the time the statute of limitations runs out, then he or she will be banned the chance of bringing the action before any national Court ever again. The main purpose of this legal figure is to prevent old claims from arising again, contrary to the expectations of the parties. The time period varies by the type of lawsuits, so it will require to previously determining the viability and conviction that the action is indeed being filed timely.
What kinds of Courts there are in Colombia and how are those appointed?
Depending on the nature of the matter, the amount or quantity pursued through it, Cases are either brought before the Civil Courts, Criminal Courts or Administrative Courts. There are three different levels of these courts: i) First Instance Courts (Civil Circuit/Criminal/Administrative Judges), ii) Court of Appeals iii) the Supreme Court of Justice and iv) the Council of State. Nevertheless, in case the matter implies the breach of a Constitutional Right, the matter shall be raised before the Constitutional Court. Likewise, there are specific Courts in charge of handling certain types of cases: Labor Court, Family and Juvenile Court, and Administrative Courts (where the Colombian Government has the role of, either Plaintiff or Defendant)
Is there trial by jury in Colombia?
Trial by jury does not exist in our country as said practice is more often used in Common-Law tradition jurisdictions. All matters of law and fact are determined before a judge who will render a decision. However, if the case is held before a Court of Appeals or the Supreme Court, the number of Justices varies from 3 to 25, depending on the Court and the level of the appeal.
Are foreigners entitled to file a Lawsuit in Colombia?
Yes, depending on the nature of the dispute, foreigners have the right to file cases in our country in any of the courts, if the matter they wish to pursue in the courts falls under our national jurisdiction. A person does not have to be a resident of Colombia to file a case.
How long will an ordinary litigated case take?
The length of a case depends on its complexity. Generally, cases often take almost 2 years before there is a first instance ruling. Consequently, it can take between 3 to 4 years to obtain a definitive decision from the Court of Appeals.
If I contact your Law Firm, will I meet with a lawyer?
Usually, our client's first contact is done by a phone call or by e-mail. If you schedule a meeting, both a Partner and an Associate Attorney will meet with you. During the course of our representation, you will have a legal team on which an attorney will always be active and responsible for paralegals or legal assistants.
Back to top ↑