The New Code of Civil Procedure in Panama and the Importance of Certified Translators in Judicial Proceedings
The entry into force of Panama’s new Code of Civil Procedure marks a milestone in the modernization of the country’s judicial system. Among its many innovations, this legal framework reinforces the need to ensure linguistic precision and legal validity in all documents and statements involved in judicial proceedings—especially those originating abroad or drafted in a language other than Spanish.
In this context, the certified public translator plays a vital role as an officer of the court, ensuring the accuracy and reliability of translations that serve as the foundation for judicial decisions.
1. The mandatory use of Spanish in judicial proceedings
Article 166 of the Code of Civil Procedure clearly establishes that “all judicial proceedings shall be conducted in the Spanish language.” Likewise, any documents accompanying claims, responses, appeals, or motions that are written in another language must be submitted with their Spanish translation within ten days of receipt.
This rule not only promotes uniformity in court proceedings but also seeks to prevent errors or ambiguities that could jeopardize due process. To comply with this requirement, translations must be performed by a certified public translator in Panama, as required by law.
2. Evidence and testimony obtained abroad
Article 421 governs the taking of evidence abroad, allowing testimonies or expert opinions given by persons outside Panama to be submitted in their original language. However, the party offering such evidence must provide a Spanish translation made by a certified public translator of the Republic of Panama.
This ensures that Panamanian courts can properly assess foreign evidence while preserving the principles of immediacy, contradiction, and concentration that underlie procedural fairness.
3. Admissibility of foreign documents
Article 480 further regulates documents executed abroad, allowing them to be admitted as evidence as long as they are apostilled or duly authenticated in accordance with international treaties ratified by Panama.
However, if these documents are written in a language other than Spanish, they can only be considered as valid evidence when accompanied by their translation into Spanish made by a certified public translator—or, in the absence of one, by a translator appointed by the court.
The Code even allows translations to be challenged on the grounds of substantial error, in which case the parties or the judge may appoint additional interpreters or linguistic experts. This provision highlights the importance of terminological precision and conceptual accuracy in translation work.
4. International judicial cooperation and translation
Article 681 addresses international judicial cooperation, allowing Panamanian judges to process requests for legal assistance from foreign authorities, provided they do not violate public policy.
When documents submitted through these international requests are drafted in another language, the judge must order their translation into Spanish at the expense of the interested party before proceeding. Once again, the role of the certified translator is essential to ensure that international cooperation is carried out with transparency and legal precision.
5. The certified translator as a guarantor of due process
A certified public translator does far more than convert words from one language to another. They serve as an auxiliary of justice, and their work carries legal and evidentiary value. Their signature and seal authenticate the translation and ensure that the translated content is faithful to the original, free from omissions or subjective interpretations.
In judicial proceedings involving foreign documents, witness statements, or expert reports, the participation of a certified translator helps prevent procedural delays, challenges, or even the nullification of evidence due to language errors.
Conclusion
Panama’s new Code of Civil Procedure strengthens legal certainty by setting clear rules on the use of the Spanish language in judicial proceedings and on the handling of foreign documents.
Within this framework, the certified public translator stands as an essential figure in the administration of justice, ensuring that language differences never become a barrier but rather a bridge that guarantees the correct application of the law, the observance of due process, and the effectiveness of judicial decisions.
Need a certified translation for your legal or court documents in Panama?
📞 +507 6290-3468 | ✉️ info@certifiedtranslatorpanama.com