Countries › Panama › Guide › 14. Disputes › Cross border litigation with Panama: serving defendants abroad, letters rogatory, evidence, apostilles and proving foreign law

Cross border litigation with Panama: serving defendants abroad, letters rogatory, evidence, apostilles and proving foreign law

Last verified: 2026-10-29 · Status: Stable

A defendant abroad with a known address is served by letter rogatory through diplomatic or consular channels and has 30 days to answer; if the request takes more than four months, the claimant can switch to service by edict. Panama is in the Apostille Convention since 1991 but not in the Hague Service Convention, and has approved the Inter American conventions on letters rogatory and on taking evidence abroad. Foreign documents need an apostille or consular legalisation plus a translation by a public interpreter, and foreign law can be proved with official texts and expert opinions.

Panama's currency, the balboa (B/.), is at par with the US dollar, which circulates as legal tender; the Superintendencia de Bancos states that the balboa's value is on a par with the US dollar (checked 29 October 2026). USD figures therefore equal the balboa figures.

Key facts

Days for a defendant served abroad to answer	30 daysCódigo Procesal Civil art. 244, as of 2026-10-29 · in force
Party to the Apostille Convention	Yes textAccession 30 October 1990, as of 2026-10-29 · in force
Apostille Convention in force for Panama	1991-08-04 dateHCCH status table, as of 2026-10-29 · in force
Party to the Hague Service Convention	No textHCCH status table, as of 2026-10-29 · in force
Judges may apply and research foreign law on their own	Yes textLey 61 de 2015 arts. 144 and 145, as of 2026-10-29 · in force
Exchange rate used for USD conversions	1 PAB per USDBalboa at par with the US dollar (Superintendencia de Bancos), as of 2026-10-29 · in force

The rule

1. A defendant abroad with a known address is served by letter rogatory sent through the Executive and Panama's diplomatic or consular agents, and has 30 days to answer. If the letter takes more than four months or comes back unserved, the claimant may request an edict posted 20 days in court and published for 5 calendar days in a national newspaper; a defender is appointed if the defendant does not appear within 20 days of the last publication.Ley 402 de 2023 (Código Procesal Civil), art. 244, 2023-10-11 official text · verified 2026-10-29

2. If the defendant's foreign address is unknown, it is summoned by an edict posted 20 days and published for 5 consecutive days, and a defender is appointed after 40 days from the last publication. Treaties providing a different procedure prevail.Ley 402 de 2023 (Código Procesal Civil), arts. 245 and 246, 2023-10-11 official text · verified 2026-10-29

3. In the special process for international private law disputes, at the request of a party, service abroad including service of the claim may be made by certified mail or private courier, provided no treaty is breached; foreign evidence is admissible and foreign law may be proved by official documents, doctrine and expert opinions.Ley 402 de 2023 (Código Procesal Civil), arts. 682, 683 and 684, 2023-10-11 official text · verified 2026-10-29

4. Panamanian judges must execute foreign letters rogatory for evidence, service and similar acts ordered by foreign courts or arbitral tribunals unless contrary to public policy; circuit judges of the place handle them, the Fourth Chamber receives foreign letters and decides on their execution, and translations are at the interested party's cost.Ley 402 de 2023 (Código Procesal Civil), arts. 48 and 681, 2023-10-11 official text · verified 2026-10-29

5. International judicial cooperation is based on treaties or, failing them, comity or controlled reciprocity; letters rogatory may be transmitted by the parties, judicially, through consular or diplomatic agents or central authorities, and must be legalised and translated.Ley 61 de 7 de octubre de 2015 (Código de Derecho Internacional Privado), arts. 99 to 104, 2015-10-07 official text · verified 2026-10-29

6. Foreign public documents are evidence if apostilled under ratified treaties or, for non party States, legalised by a Panamanian consul or diplomat and certified by the Ministry of Foreign Affairs. Documents not in Spanish need a translation by a public interpreter, or a court appointed translator.Ley 402 de 2023 (Código Procesal Civil), art. 480, 2023-10-11 official text · verified 2026-10-29

7. Panama acceded to the Hague Apostille Convention on 30 October 1990 and it entered into force for Panama on 4 August 1991. Panama does not appear in the status table of the Hague Service Convention.HCCH Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (1961), Status table, 1991-08-04 official text · verified 2026-10-29

8. Panama approved the Inter American Convention on Letters Rogatory by Ley 12 de 1975 and the Inter American Convention on the Taking of Evidence Abroad by Ley 13 de 1975.Ley 12 de 1975; Ley 13 de 1975, Approval laws, 1975-10-23 official text · verified 2026-10-29

9. A party invoking foreign law may prove its text, validity and meaning with authenticated copies, court decisions, doctrine or a legalised opinion of two practising lawyers of that country, and the judge may research it directly.Ley 61 de 7 de octubre de 2015 (Código de Derecho Internacional Privado), art. 145, 2015-10-07 official text · verified 2026-10-29

Situation	Method	Time	Source
Known foreign address	Letter rogatory via diplomatic or consular channels	30 days to answer	Código Procesal Civil art. 244
Letter delayed over 4 months or unserved	Edict 20 days in court plus 5 days in a newspaper	Defender appointed after 20 days	Código Procesal Civil art. 244
Unknown foreign address	Edict 20 days plus 5 consecutive days in a newspaper	Defender appointed after 40 days	Código Procesal Civil art. 245
International private law process	Certified mail or courier on request	Per the process	Código Procesal Civil art. 683

Serving a defendant outside Panama.

Worked example

A Panamanian company sues a Spanish supplier for B/.300,000 (US$300,000).
The court sends a letter rogatory through the Ministry of Foreign Affairs; after five months without return, the claimant asks for service by edict and newspaper publication.
Contract documents signed in Madrid are filed apostilled with translations by a Panamanian public interpreter.

Step by step

Collect the defendant's exact foreign address before filing.
Budget translation of the claim and annexes into the language of the receiving State and of foreign evidence into Spanish.
Apostille foreign documents in their country of origin, or legalise them through the Panamanian consulate if the State is not in the Convention.
Diary the four month mark to switch to service by edict if needed.

Common traps

Hague Service Convention channels are not available for Panama; use letters rogatory or treaty channels.
Untranslated documents are not assessed as evidence.
A default judgment obtained abroad without personal service on a Panamanian defendant may not be enforceable in Panama (Código Procesal Civil art. 679).

Sources

← Enforcing foreign court judgments in Panama: exequatur at the Supreme Court Fourth Chamber, reciprocity and the four conditionsInvestment treaty arbitration with Panama: ICSID since 1996, the US Trade Promotion Agreement, bilateral treaties and arbitration clauses in State contracts →

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