Chile's civil court system has undergone a significant procedural overhaul. Amendments to the country's civil procedure rules took effect in early 2025, altering the way parties file claims, seek interim relief, and enforce judgments. International companies with active disputes – or contemplating litigation – face real exposure if their local procedures are not updated immediately.
Chile's amended civil procedure rules introduce mandatory electronic court filing for most commercial disputes, revised timelines for serving a statement of claim, and new formal requirements for obtaining an interim injunction. The changes apply to proceedings commenced on or after the effective date and require all active litigants to review pending filings for compliance. Companies that fail to adapt risk procedural dismissal or loss of interim protection.
This alert identifies which business categories are affected, sets out the compliance deadline, and lists the immediate actions international litigants should take now.
What changed and when it took effect
Chile's legislature amended the country's civil procedure legislation to accelerate case management and reduce procedural delays. The core changes centre on three areas.
Electronic filing: All court filings in civil and commercial proceedings above a defined monetary threshold must now be submitted through the official judicial portal. Paper filing is no longer accepted in those cases. Transition arrangements for proceedings already underway expired at the end of the first quarter of 2025.
Statement of claim requirements: The amended rules impose stricter formal requirements on the statement of claim. The document must now include a structured factual summary, a clear legal basis referencing the applicable branch of civil procedure, and a particularised statement of relief sought. Courts have begun returning non-compliant filings without judicial consideration, resetting limitation clocks in some cases.
Interim injunction procedure: The threshold for obtaining an interim injunction has been tightened. Applicants must now demonstrate both urgency and a prima facie legal basis within the same filing. Previously, courts exercised broader discretion at the ex parte stage. The amended rules require supporting documentary evidence to accompany the application at the time of first court filing – not as a subsequent supplement.
Judgment enforcement: Enforcement proceedings for domestic and foreign judgments now require a verified translation and notarised certification where the underlying decision originates outside Chile. The timeline for the exequatur (recognition of a foreign judgment in Chilean civil procedure) process has been adjusted: courts must now issue a preliminary admissibility decision within 30 days of a complete filing.
For a comparative view of parallel developments in North America, see our alert on court procedure changes in the United States.
Who is affected and which thresholds apply
The amendments apply broadly. However, the practical impact is most acute for three categories of litigant.
International companies in active Chilean litigation: Any foreign entity that has filed or is a defendant in Chilean civil or commercial proceedings must verify that all pending documents comply with the new formal requirements. This includes previously submitted filings that have not yet received a judicial ruling.
Creditors seeking enforcement of foreign judgments: Companies relying on judgment enforcement as a recovery tool face the most immediate deadline pressure. Incomplete enforcement packages – those lacking the new certified translation and notarisation requirements – will be returned without consideration. Resubmission resets the procedural timeline.
Companies contemplating interim relief: Businesses planning to seek an interim injunction to protect assets, freeze counterparty funds, or halt a contractual breach must prepare documentary evidence before filing. Submitting the application without supporting materials is no longer permissible under the amended civil procedure rules.
The monetary threshold triggering mandatory electronic filing covers the substantial majority of commercial disputes between business entities. Smaller consumer claims remain subject to transitional rules through mid-2025, but corporate proceedings are fully subject to the new regime now.
To receive an expert assessment of your active or planned litigation position in Chile, contact us at info@ferrazwhitmore.com.
What to do now: immediate action items
International companies with any exposure to Chilean courts should take the following steps without delay.
- Audit pending filings: Review every document submitted to a Chilean court in the past six months. Confirm that each filing meets the new formal requirements for structure, legal basis, and relief sought. Identify any documents that may be returned.
- Register on the judicial portal: If your entity or local counsel has not yet activated an account on Chile's official electronic filing system, do so immediately. Filings submitted outside the portal in qualifying proceedings are treated as not received.
- Prepare enforcement packages in full: If you hold a foreign judgment and intend to enforce it in Chile, assemble the complete documentation – certified translation, notarisation, and supporting evidence of enforceability – before filing. Partial packages will not be accepted.
- Reassess interim injunction strategies: If interim relief is part of your litigation strategy, prepare the evidentiary dossier now. The amended rules allow no supplementation after the initial application is lodged.
- Coordinate with local counsel on limitation periods: The formal return of a non-compliant statement of claim does not suspend limitation periods under Chilean civil procedure. A returned filing may mean the claim is time-barred before resubmission is possible.
Companies managing disputes across the region should also review our analysis of corporate dispute resolution in Chile, which sets out the broader procedural environment and available litigation strategies.
For a tailored strategy on court filing and judgment enforcement in Chile, reach out to info@ferrazwhitmore.com.
About Ferraz & Whitmore
Ferraz & Whitmore is an international law firm based in Lisbon, advising business clients across 46 jurisdictions. Our commercial litigation practice covers civil procedure, interim injunction strategy, statement of claim preparation, and judgment enforcement across Latin American and Iberian markets. As a law firm with deep expertise in Chile and across the Americas, we support international companies facing procedural complexity in high-stakes disputes. Engaging a lawyer in Chile with cross-border experience is particularly important when procedural amendments affect pending matters simultaneously across multiple jurisdictions. Our attorneys have advised on cross-border enforcement matters across both civil law and common law systems, and the firm participates in international practice groups focused on commercial litigation. To discuss how the current amendments affect your proceedings in Chile, contact us at info@ferrazwhitmore.com.
Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Ferraz & Whitmore assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@ferrazwhitmore.com.