BELIZE Law and Practice Contributed by: Nigel Ebanks and Darinka Muñoz, Barrow and Williams LLP
A person may be lawfully served with a court pro- cess emanating from the Belize High Court when that person is served at a place within the jurisdiction. Alternatively, a person may be lawfully served with a Belize court process outside of the jurisdiction with the permission of the Belize High Court. A defendant located outside of the jurisdiction may also choose to voluntarily accept service through an agent within the jurisdiction appointed for that purpose. A defendant served outside of Belize risks being deemed to have submitted to the Belize court’s juris- diction, or having waived their right to challenge it, if they actively take steps in the Belize proceedings without promptly indicating their intention to contest jurisdiction. This includes, for instance, filing and pur- suing a counterclaim in the Belize court. Under the civil procedure rules, a defendant wishing to challenge jurisdiction must first file an acknowledg- ment of service and then make the application within the time prescribed for filing a defence. Failure to do so constitutes submission to the court’s jurisdiction. 3.4 Initial Complaint High Court claims are commenced by filing and serv- ing a claim form setting out the particulars of the par- ties to the claim, the brief nature of the claim, and the relief sought. It is generally accompanied by a state- ment of claim, which supports the claim form by stat- ing the claim in greater detail, including all information technically required by law. Belize’s civil procedure rules impose a strict duty on the claimant to set out the full particulars of its case from the outset. A claimant is precluded from relying on an allegation or factual contention not pleaded, unless leave is subsequently granted by the court or consent is obtained from the opposing party. Certain claims must be initiated by way of a fixed date claim form, such as: • proceedings for possession of land; • claims arising out of hire-purchase or credit sale agreements; • whenever the use of a fixed date claim form is required by a rule or practice direction; and
• where proceedings are required to be commenced by originating summons or motion. In certain cases, a supporting affidavit may accom- pany the fixed date claim form. Supporting affidavits would generally serve the same purpose as a state- ment of claim, except that they constitute sworn evi- dence supporting the claim upon its commencement and within the stage of pleadings. Although it includes a statement of truth by which a litigant certifies the truth of its contents, a statement of claim is a form of pleading, not sworn evidence. Where a claimant uses a supporting affidavit, a defendant may likewise initially respond to the claim with their own evidence in the form of an affidavit in response. This procedure of using affidavits at the stage of commencing a claim is useful and is most common in administrative law and judicial review claims, for example. Belize’s Senior Courts (Civil Procedure) Rules, 2025, permit parties to amend their pleadings without the court’s permission at any time before the first case management conference; a party wishing to amend after that point can only do so with the court’s per- mission. Generally, the party must promptly apply to court demonstrating that there has been a sufficient change of circumstances since the first case manage- ment conference to justify the court’s granting of its permission. 3.5 Rules of Service Service of originating process in Belize is governed by Part 5 of the Senior Courts (Civil Procedure) Rules, 2025. Service is generally effected personally by the litigant, not by the court. The Rules also allow elec- tronic service, with proof of transmission (such as delivery or read receipts) exhibited in an affidavit of service. Service on attorneys, companies or partner- ships may be completed by courier, post or electronic means to their registered office. Where personal service is impracticable, parties may use alternative or substituted service – for example, by email or newspaper publication – if it is proven likely to bring the proceedings to the defendant’s atten-
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