Litigation in Guatemala
Guatemala is the most populous country in Central America and the fourth most populous in North America. Its capital city has the largest metropolitan population in Central America. With so many people dealing with each other, disputes are inevitable. But the weather is too hot for me to contemplate a trip to a hot and humid area, even if its vistas are famously beautiful. Luckily, Carlos Rivers, a lawyer and the founder at Rivers & Associates in Guatemala City, was kind enough to talk with me about what litigation is like in his country.
Why should you continue reading this post about litigation in Guatemala?
You’ve read interviews from Argentina (two of them), Brazil (plus a bonus international arbitration interview with a Brazilian lawyer), Mexico (so nice, I talked to them twice), Panama, Paraguay, Peru, and Uruguay, and you’re ready to write your motorcycle diaries.
You’re curious about one of the few countries whose name has more vowels than consonants.
You want to learn about a legal system that has electronic filing, which most of its lawyers do not use.
Photo courtesy of Carlos Rivers.
Carlos Rivers leads the Rivers & Asociados law firm in Guatemala. This interview was lightly edited.
Can you tell me about the kinds of disputes you handle in your legal practice?
I have been practicing law for almost 50 years at this point, having started my career as the CEO of Central American law for CME Holding. My law firm has handled the most important cases of our country, so my experience is wide-ranging.
What type of clients do you generally represent in disputes?
We have various types of clients depending on the circumstances. Generally, they are large companies or important people with difficult legal problems. We are the national counsel for the embassies of Japan, Egypt, Chile, and India, among others. In addition to litigation, we do extensive work in real estate and artificial intelligence, which is a completely disruptive technology. I recently studied AI more in depth at Singapore Management University.
Besides Microsoft Office, what software do you use in your practice?
You would have to ask my IT director!
What books and websites do you use for legal research?
We use any legal texts that may be pertinent to our cases.
Do you electronically file pleadings with the court? Or must you send paper copies to the courthouse?
Although electronic filings are permissible in some cases, most litigation is still submitted on paper.
How many pages are the complaints or initial pleadings you usually see.
It varies. For example in the case we handled against banana giant Chiquita Guatemala, S.A. the complaint was 60 pages plus exhibits.
How long does it take for a case to go from complaint to judgment?
Generally, cases take more than two years.
Supreme Court and Peace Monument at dawn.
Photo credit: Josué Goge, Amanecer en ciudad de Guatemala, CC BY 2.0.
Does Guatemala have specialized courts that only hear commercial cases?
Yes. The Court of Cassation or Commercial Chamber of the Supreme Court will hear commercial disputes of over 400,000 quetzales (about 50,000 US dollars), and we have other commercial courts throughout the judicial system. As a center of trade and technology, Guatemala’s commercial litigation covers a range of topics. I’ve seen this from the development side as well, as I’m advisor on the Interoceanic Corridor, and director of Tecnopark, an industrial hub.
Who decides the facts in a commercial case? Is it a judge or a jury?
A judge will decide commercial cases.
How is evidence exchanged between the parties before trial? Do you get to interview opposing witnesses before the trial?
No, Guatemala doesn’t have pre-trial depositions in the way the U.S. does.
Do lawyers in Guatemala cite the laws of other countries in disputes?
It may happen, but citing comparative law would be an unusual move reserved for exceptional cases.
Does the losing party in a litigation pay the legal fees of the winning party?
Yes, the losing party pays legal fees.
Are Guatemalan courts open to the public?
Only the parties generally are seen in court.
Do Guatemalan courts have a strength for resolving commercial disputes? What are their weaknesses?
People come to Guatemala for the climate, but our legal system’s strengths and weaknesses are common to most of Latin America.
How often do you go to the courthouse?
Most of the attorneys at my firm go at least once a week to work on their cases.