PERU Law and Practice Contributed by: Renzo Salvatore Monroy Pino, Roberto Shimabukuro Miyasato, Anibal Jong Urtecho Gómez and Alexander Montenegro, Monroy & Shima Abogados
4.2 Early Judgment Applications In Peru, parties can seek early resolution through sev- eral mechanisms. Procedural defences allow defend- ants to challenge defects or jurisdictional issues (lack of jurisdiction, improper venue, standing, res judicata, limitations). These must be filed when answering com- plaints and are resolved in preliminary hearings. The system permits summary judgment (“ conclusión anticipada del proceso ”) when cases lack merit, par- ties settle, plaintiffs abandon cases or courts lack jurisdiction. For striking claims, moving parties must demonstrate claims lack legal foundation or essential procedural requirements. These mechanisms promote judicial efficiency while protecting due process rights through proper notification and response opportuni- ties. 4.3 Dispositive Motions In Peru’s civil procedure system, several motions can terminate proceedings before trial. Most common are preliminary objections challenging procedural aspects (jurisdiction, standing, statute of limitations, res judi- cata, litispendence), which can lead to early dismissal without examining merits. Other dispositive motions include termination with- out judgment (abandonment after four months of inactivity, claim withdrawal, settlements), summary judgment when claims lack legal basis or evidence, and requests for rulings on pure legal questions when facts are undisputed. These motions must typically be filed during pleading stages or preliminary hearings, with courts resolving them before proceeding to evi- dentiary and trial phases. 4.4 Requirements for Interested Parties to Join a Lawsuit In Peru, interested parties not originally named may join lawsuits through voluntary intervention (self-initi- ated) or forced intervention (requested by parties or court-ordered). The system recognises three types:“ intervención coadyuvante ” (supporting either party when affected);“ intervención litisconsorcial ” (joining as co-party when claiming disputed rights); and “ inter- vención excluyente ” (claiming rights incompatible
with both original parties). Parties must file requests establishing legitimate interest, which may be chal- lenged before courts decide, ideally before pleading concludes. 4.5 Applications for Security for Defendant’s Costs In Peru, defendants cannot request plaintiff security for potential costs, unlike some common law juris- dictions. Financial guarantees cannot be demanded before proceeding with cases. Limited exceptions exist: plaintiffs requesting pre- cautionary measures must provide bonds for poten- tial damages, and foreign plaintiffs without Peruvian assets may sometimes need security (rarely applied). This approach preserves court access regardless of financial capacity, with costs addressed through post- judgment allocation where losing parties may reim- burse prevailing parties. 4.6 Costs of Interim Applications/Motions In Peru, interim application costs are incorporated into overall proceeding costs, not assessed sepa- rately. These expenses are treated as part of broader litigation costs allocated at case conclusion, typically following the “loser pays” principle. Parties requesting interim measures must provide bonds covering potential damages if measures are later found unjustified, with amounts determined by judges based on the measure’s nature and impact. While specific filing fees do not exist, the judicial fee schedule may establish administrative costs for cer- tain motions. Courts can impose costs for frivolous applications, though exercised carefully to balance access to remedies with deterrence of abusive tactics. 4.7 Application/Motion Timeframe In Peru, court resolution timeframes vary by request type and workload. The Civil Procedure Code sets standard motions at five to ten business days and complex applications at 15 to 20 business days, though high caseloads often extend these to weeks or months. Urgent treatment mechanisms exist when delay would cause irreparable harm. Preliminary injunctions can
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