Litigation in Haiti
Haiti has experienced political instability for some time. News reports report that it experiences gang violence, and the temporary council in power has yet to hold elections. With that backdrop, it may be difficult to imagine a functioning forum for the resolution of commercial disputes. But like any society, disputes arise and lawyers help with them. And I was fortunate enough to ask Marie Josette Georges, an attorney in Cap-Haïtien, about commercial litigation in Haiti.
Why should you continue reading this post about litigation in Haiti?
You enjoyed watching Conan O’Brien’s trip to Haiti and want to learn more about the country.
You’re interest in learning about litigation in the French-speaking world and have already read articles about litigation in France and Belgium and Cameroon.
You want to learn about how a legal system where labor disputes and strikes, plus long vacations, frequently delay the courts.
Marie Josette Georges is an attorney in Cap-Haïtien, Haiti.
Can you tell me about the kinds of disputes you handle in your legal practice?
I represent clients in labor disputes.
What type of clients do you generally represent in disputes?
My clients are large enterprises.
Besides Microsoft Office, what software do you use in your practice?
I just use Microsoft Office.
What books and websites do you use for legal research?
Mainly the Codes such as "Code de Procedure Civil" which is the Civil Procedure Code. Other Codes include the "Code du Travail" which is Labor Code for labor law, the Code d'Instruction Criminelle (Criminal Code), and the Rural Code.
As for me personally, I may do some research on Legifrance.gouv.fr for different jurisprudence as needed for comparison sake. I am also a fan of "Isaure Toulouse," a book that covers nearly every civil procedure. It provides an explanation of when the procedure is to be used and provides a model for its use.
Image credit: https://en.wikipedia.org/wiki/Supreme_Court_of_Haiti#/media/File:Cour-de-cassation-haiti-actunews7.jpg
Do you electronically file pleadings with the court? Or must you send paper copies of them to the courthouse?
Lawyers need to file paper copies. And a bailiff, an officer of the court authorized to serve documents, is the one who delivers many documents.
Does Haiti have specialized courts that only hear commercial cases?
There isn’t a specialized Commercial Court. The Court of First Instance serves as a commercial court one day a week according to a pre-established schedule.
Who decides the facts in a commercial case? Is it a judge or a jury?
A judge decides the facts of a complaint.
Generally speaking, how many pages are the complaints or initial pleadings you see in your work?
Around 5 to 6 pages.
Both French and Creole are spoken in Haiti. In which language do court proceedings take place?
The decisions (or the verdict) are rendered in French. However, at the bar (the court bench), the judge and the public prosecutor can ask questions in Creole. We plead in French.
Generally speaking, how long does it take for a case to go from complaint to judgment?
From the complaint to the judgment, the deadline can last up to three months if there aren’t any strikes.
Often times it is the clerks who are on strike, other times it is the judges or bailiffs to claim salary adjustments (raises) or better working conditions.
Regarding time off: the court system is closed for Carnival. It is also closed for 15 days for Christmas, 15 days for Easter, and 2 months for summer break.
Following the assassination of President Jovenel Moïse, the cases drag quite a bit because due to a lack of sufficient budget for the justice system, as the judges are not well compensated. We didn’t get to vote the budget at the end of the fiscal year, which is September.
Generally speaking, how is evidence exchanged between the parties before trial?
Before trial, the proofs and evidence are exchanged by means of communications of documents. This is when the parties go back and forth requesting documents.
Do you get to interview the opposing witnesses before the trial?
No, we cannot interrogate the other parties’ witness before the trial.
Are Haitian courts open to the public? Can ordinary people watch a commercial trial?
The courts are open to the public. The sessions are public. Anyone can follow the sessions.
Ordinary people can indeed watch a trial. However, depending on the nature of the case, the court may order a "huis clos" for confidentiality sake. This often happens in certain sensitive criminal cases.
Do you believe that Haitian courts have a particular strength for resolving commercial disputes?
The Haitian courts can resolve conflicts and provide avenues for appeal.
How about a weakness?
The Haitian legal system does not have any of its own initialed commercial books per se.
When you are there, do you need to wear a special robe or wig?
If we are pleading, we wear the toga (a court dress), but no wig.