THE NEW PANAMANIAN CIVIL PROCEDURE CODE AND THE TRANSITION TOWARD A DISCOVERY-ORIENTED EVIDENCE MODEL
Panama’s new civil procedure code (law 402 of 2023) modernizes civil litigation by introducing the request for production and exhibition of documents, a key step toward a discovery-oriented and digital justice system.
Introduction: A New Judicial Paradigm in Panama
With the entry into force of Panama’s New Civil Procedure Code (Law 402 of 2023), the country’s judicial system begins a profound transformation. It shifts from a rigid and formalistic model toward one that is agile, transparent, and collaborative. A pivotal element of this reform is the introduction of the Request for Production and Exhibition of Documents—a mechanism that brings, for the first time, discovery-oriented logic into Panamanian civil litigation.
The Request for Production and Exhibition of Documents: A Modern Evidence Tool
This mechanism, regulated in Book Three, Title II of the New Civil Procedure Code under the framework of Evidence Disclosure, seeks to ensure equitable access to relevant information. It allows one party to request from the opposing party—or from third parties—the production or exhibition of documents or objects relevant to the dispute. As explained in Rivera de la Torre’s research (2025, Ch. 2.2.3), the request may be made directly between parties without initial judicial intervention, unless there is disagreement or refusal. In such cases, the judge assumes supervisory authority to ensure proportionality and legitimacy of the request.
From Panama to U.S.-Style Discovery: A Constructive Influence
The U.S. discovery model, governed by the Federal Rules of Civil Procedure (FRCP), is a global benchmark. Rules 26 and 34 mandate the disclosure of relevant and non-privileged information—even if not admissible at trial—as long as such disclosure is proportional to the needs of the case. Although Panama does not replicate this system entirely, the New Civil Procedure Code adopts its guiding principles:
The Judicial Role: From Passive Arbiter to Manager of Procedural Cooperation
The New Civil Procedure Code redefines the civil judge’s role. Instead of acting as a passive arbiter, the judge becomes an active manager of the evidentiary process, ensuring procedural fairness and preventing abusive practices. Findings in Rivera de la Torre’s research (2025, Chs. 4.1.9 and 4.1.12) identify parallels between the Panamanian judge’s role and the U.S. Rule 26(f) case-management conferences, which promote early planning and cooperative exchange of information.
Toward a Digital and Transparent Civil Justice System
The Request for Production and Exhibition of Documents is central to the modernization of Panama’s civil justice system. Its successful implementation relies on:
Conclusion: Panama Faces the Challenge of a Modern Discovery Framework
The integration of this mechanism marks the beginning of a new evidentiary era in Panama—one where transparency, access to information, and technological efficiency converge. Grounded in contemporary legal research, this reform positions Panama to develop a discovery framework suited for 21st-century civil litigation.
Reference
Rivera de la Torre, L. A. (2025). The Request for Production and Exhibition of Documents and its Impact on Evidence Disclosure Under Panama’s Civil Procedure Code in the Digital Era. UMECIT.
About the Author
Luis Alejandro Rivera de la Torre is a Panamanian attorney with dual bar admission (Panama and Mexico) and over twenty years of experience in corporate, financial, and civil litigation. He is the founding partner of Rivera de la Torre, Abogados, and serves as Secretary General of Universidad Hosanna (Panama). He holds a Master’s Degree in Corporate Finance (UNESCPA) and legal training from the Universidad Autónoma de Baja California, the University of Southern California (USA), and UMECIT (Panama).
To learn more about how Panama’s New Civil Procedure Code will transform civil litigation and electronic evidence management, visit www.riveradelatorre.com or contact us to receive upcoming articles on evidence discovery and judicial modernization in Panama.