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Commercial litigation in Chile: courts, the ordinary civil procedure, deadlines, appeals and interim measures

Last verified: 2026-10-26 · Status: Stable

Commercial and civil cases start before a juzgado de letras, go on appeal to one of the Courts of Appeals and can reach the Corte Suprema through cassation. Claims above 10 UTM (about CLP 721,510 or US$731 in October 2026) are heard at first instance with a right of appeal (Código Orgánico de Tribunales art. 45). The ordinary procedure is written and runs on strict, fatal deadlines. The defendant has 18 days to answer when served in the court's territory, the evidence period is 20 days, a final judgment can be appealed within 10 days and cassation must be filed within 15 days (Código de Procedimiento Civil art. 64, 189, 258, 328 and 770). Every filing is electronic under Ley Nº 20.886 and must be signed by a qualified Chilean lawyer (Ley Nº 18.120). Assets can be frozen before or during the case, but a pre action measure lapses unless the claim is filed within 10 days, extendable to 30.

USD figures use the Central Bank exchange rate of CLP 986.58 per US dollar published in the Diario Oficial for 23 October 2026 (CVE 2891564). UTM and UTA amounts use the October 2026 values published by the SII (UTM CLP 72,151; UTA CLP 865,812). Conversions are for orientation only.

Key facts

Maximum claim value decided by a juzgado de letras in a single instance, without appeal	10 UTMCódigo Orgánico de Tribunales art. 45, as of 2026-10-26 · in force
Days for a defendant served in the court's territory to answer an ordinary civil claim	18 daysCódigo de Procedimiento Civil art. 258, as of 2026-10-26 · in force
Ordinary evidence period in the ordinary civil procedure	20 daysCódigo de Procedimiento Civil art. 328, as of 2026-10-26 · in force
Deadline to appeal a final judgment in civil cases	10 daysCódigo de Procedimiento Civil art. 189, as of 2026-10-26 · in force
Deadline to file cassation (form or merits) against a judgment	15 daysCódigo de Procedimiento Civil art. 770, as of 2026-10-26 · in force
Days to file the claim after a pre action interim measure is granted (extendable to 30)	10 daysCódigo de Procedimiento Civil art. 280, as of 2026-10-26 · in force
Maximum agreed suspension of proceedings per instance	90 daysCódigo de Procedimiento Civil art. 64, as of 2026-10-26 · in force
Lawyer sponsorship required for first filings in Chilean courts and arbitrations	Yes Ley Nº 18.120 art. 1, as of 2026-10-26 · in force

The rule

1. Ordinary civil and commercial cases go to the juzgados de letras. Cases worth up to 10 UTM are decided in a single instance; cases above 10 UTM, and all mining cases, are heard at first instance and can be appealed (art. 45). The Courts of Appeals hear appeals in civil cases from the juzgados de letras, cassation in form against first instance judgments and against first instance awards of arbitrators, and, at first instance, protection actions (art. 63). The Corte Suprema hears cassation on the merits, cassation in form against Court of Appeals judgments, and appeals in protection cases (art. 98). Courts have one month of annual judicial holiday (art. 313), and under Código de Procedimiento Civil art. 66 day based deadlines are suspended on holidays unless the court orders otherwise.
Cost to do it: No court fee schedule was confirmed in this review. The main costs are counsel, process servers for service of the claim and, where needed, translations and expert reports.
Example: A claim for CLP 98,658,000 goes to a juzgado de letras civil at first instance, because it is far above the 10 UTM (CLP 721,510) single instance threshold. The losing party can appeal to the Court of Appeals and then seek cassation at the Corte Suprema. / The same claim is worth about US$100,000. Only very small claims, up to about US$731 in October 2026, are decided in a single instance.Código Orgánico de Tribunales (Ley Nº 7.421 of 1943), Art. 45, art. 63, art. 98 and art. 313, 1943-07-09 official text · verified 2026-10-26

2. The ordinary procedure follows fixed stages. The claim must identify the court, the parties, the facts and legal grounds and the precise requests, and give an electronic address for the lawyer (art. 254). A defendant served in the court's territory has 18 days to answer (art. 258); if served elsewhere in Chile or abroad, the term is extended under a table the Corte Suprema sets every five years (art. 259). After the pleadings the judge must call a settlement hearing between the 5th and the 15th day (art. 262) and acts as amiable compositor (art. 263). If substantive facts are disputed, the court opens an evidence period and fixes the facts to be proved (art. 318); the ordinary evidence term is 20 days (art. 328). Documents in a foreign language are translated by a court appointed expert at the cost of the party presenting them, or the party attaches its own translation, which the other side can challenge within six days (art. 347). All deadlines in the Code are fatal: the right lapses automatically when the term expires (art. 64). The parties can jointly suspend the case up to twice per instance, for a maximum of 90 days in each (art. 64).
Cost to do it: Translation of foreign language documents is at the presenting party's cost unless the judgment awards costs (art. 347). The losing party is ordered to pay costs unless the court finds it had plausible grounds to litigate (art. 144).
Example: A US supplier sues a Santiago distributor for CLP 98,658,000. The distributor is served in Santiago on 2 March, so it has 18 days, excluding holidays, to answer. The supplier's English invoices and emails must be translated; if it attaches its own translations, the distributor has six days to demand an expert review. / The same claim is worth about US$100,000. A foreign defendant served abroad gets a longer answer period under the Corte Suprema's distance table, which adds weeks to the timetable.Código de Procedimiento Civil (Ley Nº 1.552 of 1902), Art. 64, art. 254, art. 258, art. 259, art. 262, art. 263, art. 318, art. 328 and art. 347, 1902-08-30 official text · verified 2026-10-26

3. Appeal against a final judgment must be filed within 10 days of notification and must state the factual and legal grounds and specific requests; for other rulings the term is 5 days (art. 189). A request for reconsideration or clarification does not suspend the appeal term (art. 190). Cassation in form and on the merits must be filed within 15 days of notification of the judgment, and if both are filed against the same ruling they go in one brief (art. 770). Cassation in form against a first instance judgment is filed within the appeal term and together with the appeal (art. 770).
Cost to do it: Each further instance adds counsel fees and time. When an appeal is granted with suspensive effect, the lower court loses jurisdiction to continue the case (art. 191).
Example: Judgment ordering payment of CLP 98,658,000 is notified on 10 June. The defendant must appeal within 10 days of notification. If it also wants to argue procedural defects, cassation in form must be filed with the appeal. / For a US$100,000 judgment, missing the 10 day window ends the right to appeal, because Chilean procedural deadlines are fatal (art. 64).Código de Procedimiento Civil (Ley Nº 1.552 of 1902), as amended by Ley Nº 18.705 and Ley Nº 19.374, Art. 189, art. 190 and art. 770, 1902-08-30 official text · verified 2026-10-26

4. Interim measures can be requested at any stage, even before the defendant answers: seizure of the disputed property, appointment of an intervenor, retention of specific assets, and a prohibition on entering into contracts over specific assets (art. 290). They are limited to the assets needed to cover the result of the case, require evidence amounting at least to a serious presumption of the right claimed, and the court can require security (art. 298). They are provisional and must be lifted if the risk disappears or sufficient security is given (art. 301). They can be enforced before the other party is notified if there are serious reasons, but lapse if notice is not given within five days (art. 302). Measures can also be requested before filing suit if there are serious and qualified reasons, the amount of the assets is specified and security is given (art. 279). The claimant must then file the claim within 10 days, extendable to 30 for good cause, and ask that the measures be maintained, or it becomes liable for the damage caused (art. 280).
Cost to do it: A pre action measure always requires security (art. 279 Nº 2). The court sets the amount; the statute sets no figure.
Example: A creditor fears a debtor will sell its only property before trial. It asks for a pre action prohibition on contracting over the property for a claim of CLP 98,658,000, posts the security the court requires, and files the claim within 10 days. / The same freeze secures a claim of about US$100,000. Filing late, or failing to ask in the claim that the measure continue, makes the requesting party liable for damages, and the law treats its conduct as wilful (art. 280).Código de Procedimiento Civil (Ley Nº 1.552 of 1902), Art. 279, art. 280, art. 290, art. 298, art. 301 and art. 302, 1902-08-30 official text · verified 2026-10-26

5. Every first filing before any Chilean court, including arbitral tribunals, must be sponsored by a qualified lawyer whose signature, name and address appear on it, or it is treated as not filed (art. 1). A party must appear through a qualified lawyer, a procurador del número or an authorised law student or graduate, unless the court allows it to appear personally (art. 2). Under the Código de Procedimiento Civil, a power to litigate given by public deed is sufficient (art. 6), but the powers to withdraw a claim, settle, agree to arbitration and receive payment must be granted expressly (art. 7).
Cost to do it: A notarised power of attorney is needed. Granted abroad, it must be apostilled or legalised and translated. Notary fees in Chile are covered on the entities pages.
Example: A foreign parent company gives a Santiago law firm a power of attorney by public deed abroad, apostilled. Unless the power expressly includes authority to settle and receive payment, the lawyers cannot sign a settlement or collect CLP 98,658,000 on the company's behalf. / Including the express powers in art. 7 of the Code avoids a second power of attorney, and the cost and delay of apostilling it, when a US$100,000 case settles.Ley Nº 18.120 on appearance in court; Código de Procedimiento Civil, Ley Nº 18.120 art. 1 and art. 2; Código de Procedimiento Civil art. 6 and art. 7, 1982-05-18 official text · verified 2026-10-26

6. Since Ley Nº 20.886, published on 18 December 2015, claims and all filings are submitted electronically through the Judiciary's system, with lawyers registered under a Corte Suprema rule (art. 5). Paper filings are allowed only in exceptional cases. Documents are filed electronically, but an executive title that is not originally electronic, such as a paper promissory note, must be deposited physically with the court, or the enforcement is treated as not started (art. 6). Claims and requests for interim measures, including pre action measures, are visible only to the applicant until the resulting order is notified (art. 2 letter c).
Cost to do it: No separate fee for electronic filing was identified in this review.
Example: A creditor files a collection claim on a paper pagaré for CLP 49,329,000. It uploads a digital copy and also deposits the original at the court. Without the original, the court treats the enforcement as not started. / The same note is for about US$50,000. Keeping originals of paper titles in Chile, not at the foreign parent's head office, avoids delay when collection is urgent.Ley Nº 20.886 on electronic court filing (Ministerio de Justicia), Diario Oficial 18 December 2015, Art. 2, art. 5 and art. 6, 2015-12-18 official text · verified 2026-10-26

Step	Deadline	Norm
Answer the claim, defendant served in the court's territory	18 days	Código de Procedimiento Civil art. 258
Answer the claim, defendant served elsewhere in Chile or abroad	18 days plus the Corte Suprema distance table	Código de Procedimiento Civil art. 259
Settlement hearing after pleadings	Between day 5 and day 15 after notice of the order	Código de Procedimiento Civil art. 262
Ordinary evidence period	20 days	Código de Procedimiento Civil art. 328
Challenge a party's own translation	6 days	Código de Procedimiento Civil art. 347
Appeal a final judgment	10 days	Código de Procedimiento Civil art. 189
Appeal other rulings	5 days	Código de Procedimiento Civil art. 189
Cassation in form or on the merits	15 days	Código de Procedimiento Civil art. 770
File the claim after a pre action interim measure	10 days, extendable to 30	Código de Procedimiento Civil art. 280

Main deadlines in the ordinary civil procedure (sources in the rules above). Day based terms are suspended on holidays (Código de Procedimiento Civil art. 66).

Worked example

A US company is owed CLP 98,658,000 (about US$100,000) by a Chilean distributor under a contract with a Santiago court clause. It grants a power of attorney by public deed, apostilled, with the express powers to settle and receive payment (Código de Procedimiento Civil art. 7).
Its lawyers seek a pre action prohibition on the distributor's warehouse, post the security set by the court, and file the claim electronically within 10 days (art. 279 and 280; Ley Nº 20.886 art. 5).
The distributor answers within 18 days, the judge calls a settlement hearing, and the case moves to a 20 day evidence period. The company's English documents are filed with translations (art. 258, 262, 328 and 347).
The judgment can be appealed within 10 days and taken to cassation within 15 days. Once final, it is enforced through the executive procedure (art. 189 and 770).

Step by step

1. Check the contract's forum and governing law clause. If there is an arbitration clause, see the courts and arbitration page instead.
2. Grant a power of attorney by public deed with the express art. 7 powers (settle, agree to arbitration, receive payment). If granted abroad, apostille and translate it.
3. Gather evidence early and prepare certified translations of key foreign language documents (Código de Procedimiento Civil art. 347).
4. If assets may disappear, request a pre action interim measure and diarise the 10 day deadline to file the claim (art. 279 and 280).
5. File the claim electronically through a Chilean lawyer (Ley Nº 20.886 art. 5; Ley Nº 18.120 art. 1).
6. Prepare for the settlement hearing the judge must call after the pleadings (art. 262).
7. Diarise appeal (10 days) and cassation (15 days) deadlines from each notification (art. 189 and 770).

Common traps

Fatal deadlines: every term in the Código de Procedimiento Civil lapses automatically, so a late answer, appeal or evidence request is lost (art. 64).
A request for reconsideration or clarification of a judgment does not stop the appeal clock (art. 190).
A generic power of attorney does not allow the lawyer to settle, agree to arbitration or collect payment; these powers must be express (art. 7).
Pre action freezes are a liability: missing the 10 day filing deadline makes the applicant liable for damages, treated as wilful (art. 280).
Untranslated foreign documents are translated by a court expert at the presenting party's cost, which adds delay (art. 347).
Paper executive titles must be lodged physically with the court; a scan alone does not start enforcement (Ley Nº 20.886 art. 6).

Sources

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