Order No. 393/2020 – Civil Jurisdiction – Modification of the guards’ scheme – Enabling of the natural judge to attend urgencies remotely.
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Litigation Department Report | Order No. 393/2020 – Civil Jurisdiction – Modification of the guards’ scheme – Enabling of the natural judge to attend urgencies remotely – Coronavirus (COVID-19)
Dear Sir or Madam,
Due to the public health emergency that Argentina is going through, in order to evacuate queries from the judges of the civil jurisdiction concerning the “Procedure for the reception of claims, direct appeals and appeals of complaint remedies before Chamber” (approved by the Order No. 12/2020 of Supreme Court) and to harmonize the different regulations with the needs of the provision of services in the National Civil Justice, on 04.17.2020 the Superintendence Court of the National Civil Court of Appeals issued the Order No. 393/2020.
Through the Order No. 393/2020, the Superintendence Court of the National Civil Court of Appeals disposed: (i) the modification of the current attention scheme, establishing: (a) that each natural judge is enabled to and must attend, only remotely, the requests for enabling judicial recess in very urgent issues which do not admit a delay, and (b) in the event that any act is needed to be issued in paper -as to be delivered to a party-, it shall be done exclusively by means of the courts on duty No. 12, 36, 52, 82 and 88, (ii) that the requests for enabling judicial recess for the issuance of court’s payments shall, from now on, be resolved by the natural judge, (iii) that urgent procedural acts that must be complied with in person (such as a minors’ interview) shall be accomplished at the premises of the court of law referred to above, upon assignment of a turn, (iv) that the filing of writs done by electronic means in accordance to the Order No. 12/2020 will be only admitted when it refers to urgent issues which do not admit a delay, provided that the extraordinary judicial recess is in force, and (v) that the judges of civil jurisdiction will be able to attend or resolve, only remotely, general issues that were already in process before the beginning of the extraordinary judicial recess (03.20. 2020), without prejudice to the validity of the same and hence, the consequent staying of procedural terms.
Please, let us know should you require any further information on this matter.
Sincerely,
Federico Sosa
Martín Gastaldi
Gonzalo García Delatour
Eduardo Güemes