Litigation Department Report | Order 27/2020: ending of the extraordinary judicial recess
Dear Sir or Madam,
Within the state of sanitary emergency declared regarding COVID-19 and the mandatory social, preventive isolation measure duly decreed, the National Supreme Court of Justice (“Supreme Court”) has adopted different measures within the National Judicial Branch, consistent with the National Executive Branch provisions and the recommendations of the national sanitary authority. In line with Decree No. 605/2020, through which the National Executive Branch enacted the extension of Decree No. 297/2020 (later extended by Decrees 325/20, 355/20, 408/20, 459/20, 493/20, 520/20, 576/20 and their complementary regulations), on July 20th, 2020, the Supreme Court issued Order 27/2020. Among others, this Order provided the following measures: (i) to maintain the functioning of federal courts with seat in the provinces, in respect of which it was already declared the ending of the extraordinary judicial recess as provided in Orders 17/20, 19/20, 20/20, 23/20, 24/20 and 26/20; (ii) the ending of the extraordinary judicial recess in respect of the Supreme Court; (iii) the ending of the extraordinary judicial recess in respect of oral courts and national and federal courts not included in point (i); (iv) the extension of the extraordinary judicial recess issued by Order 6/2020, from July 18th through July 26th, 2020, both dates included, for courts not included in point (i); (v) the ending of the extraordinary judicial recess in respect of national and federal courts of first instance based in the City of Buenos Aires, as of July 27, 2020, unless the Supreme Court determines otherwise in any of the jurisdictions involved on the basis of a reasoned opinion of the appeal courts that exercise the superintendency over the aforementioned courts (a special protocol will be prepared); (vi) to request the remaining federal courts to evaluate and inform the Supreme Court, before July 23rd, 2020, of the possibility of ordering the ending of the extraordinary judicial recess as of July 27th, with respect to the courts included in point (iv); (vii) that for the courts in which the ending of the extraordinary judicial recess is ordered (points (ii), (iii) and (v), from July 18th to August 3rd, 2020, both included, the course of the procedural and administrative time limits will be suspended and the time limits for the expiration of the instance will not run, (it is also clarified that the suspension ordered will not affect the course of time limits regarding those acts which were ordered by the judge, official or competent authority, nor will it apply to cases in which the enablement of the extraordinary judicial recess were ordered; (viii) that the course of time limits in the courts mentioned in points (ii), (iii) and (v) will be automatically resume as from August 4th, 2020; (ix) to recall the broad powers of superintendency that the Supreme Court has granted to the corresponding authorities in order to: (a) adopt, within the scope of their own jurisdictions, the adequate measures so that their actions are performed in compliance with the provisions of the National Executive Branch and the local authorities and (b) adapt the functioning of the courts in such a way as to guarantee the provision of the justice service by protecting the health of the personnel and those who attend the courts; (x) to maintain the provisions of operative points 9º, 10º and 11º of Order 25/20 regarding the use and priority use of digital tools, remote working mode, limitation of public attention and compliance by judicial personnel with prevention, hygiene and mobility measures issued by the competent authorities and (xi) that, in the hearings to be held, the videoconference system must be used –to the extent of its availability- or, in its absence, other technological and remote means determined by the respective authorities, with the security protection required by the nature of the act involved, which may be held in person provided that sanitary prevention and health protection measures of those attending the hearing are guaranteed.
Should you require any further information on this matter, please do not hesitate to contact us.
Gonzalo García Delatour