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January 24, 2019.

On December 12, 2018, the National Court of Justice of Peru approved the creation and implementation of the Corporate Civil Oral Litigation Module for the Superior Court of Arequipa through Administrative Resolution No. 312-2018-CE-PJ.

As the resolution notes, the approved project is the result of the technical assistance provided by JSCA to Peru’s Judicial Branch in 2018. This work was done with Interim Supreme Court Justice Ramiro Bustamante Zegarra, the Commission responsible for the execution and supervision of the “Pilot Project to Modernize the Judicial Office in the Civil Courts” and its President, Dr. Héctor Lama More, and the Superior Courts of Arequipa and Lima.

 

 

The proposed model takes up oral procedures as the main methodology, redefining and organizing judicial management and the case as the central elements in the composition and proportional and adequate processing of the conflict. A comprehensive overhaul of the system will be executed based on current institutional, budgetary and legal conditions. This process will not be limited to modifying rules, but will involve rethinking the organization of justice and the type of practices that are constructed through the introduction of a formal set of incentives and adequate disincentives.

 

The Corporate Civil Module involves: (i) configuring the judicial office’s institutional structure; (ii) introducing oral processes using hearings and case management rules and techniques; (iii) adjustments to work processes; and (iv) the assignment of operational functions. All of these changes have been laid out in the documents that were developed and approved, including the management model itself, the protocol for action and the organizational manual.

 

The goals outlined above will be achieved through the implementation of the following changes: a) the approval of the figure of the Corporate Civil Oral Judge; b) the creation of a Judges’ Committee to be overseen by a Coordinating Judge; c) the separation of the structure responsible for court administration; d) balancing jurisdictional and administrative responsibilities; e) increased number, quality and responsibility of administrative activities including case management, human resources management, materials and logistics, support staff and inter-institutional relationships; and f) the creation of the Corporate Sentence Execution Court. 

 

The Corporate Civil Oral Litigation Model was adopted on December 26, 2018, the date the first oral hearing was held in Arequipa. The judges and administrator responsible for the pilot are Carlos PolancoShelah Galagarza, Zoilo A. Chávez Mamani and María Fabiola Díaz. They were selected based on their background and abilities to take on the challenge of leading such an important and complex experience for the transformation of Peru’s civil justice system.


 
In late March, JSCA’s team will travel to monitor the performance of the pilot and will hold a discussion with the commission charged with executing it about extending it to Lima and then to Trujillo and other cities in Peru.

 

 

 

 

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