Procedures
American-style civil procedure with jury trial available in civil cases
The Civil Procedure Law (title 1) follows American practice: complaint and answer rather than English pleadings, motions, discovery, and trial by jury in civil actions at the parties' election. Circuit Courts are the courts of general jurisdiction, with appeal to the Supreme Court.
Key rules
- Jurisdiction — Magisterial Courts, Debt Court and Circuit Courts at first instance; Supreme Court of Liberia on appeal.
Governing law
- Civil Procedure Law, Title 1, Liberian Code of Laws Revised — Complaint and answer; discovery; civil jury trial.
- Commercial Code, 2010 — Sales, secured transactions, negotiable instruments, arbitration provisions.
In practice
Title 1 of the Liberian Code of Laws Revised sets out an American-derived scheme: an action is commenced by complaint with summons, the defendant answers, and motions to dismiss and for summary judgment are available. Discovery includes depositions and interrogatories. The availability of civil jury trial is a distinctive feature not found in the British-derived systems of the region. Circuit Courts hear civil matters above the magisterial threshold and Debt Court has specialised jurisdiction over debt actions; Magisterial Courts handle small claims. Appeals go to the Supreme Court, which sits in October and March terms, and its opinions are reported in the Liberian Law Reports. Enforcement is by writ of execution against goods and land. Arbitration is provided for in the commercial legislation and Liberia is a party to the New York Convention, and the Commercial Code 2010 modernised commercial obligations including sales, secured transactions and negotiable instruments.