PERU Law and Practice Contributed by: Renzo Salvatore Monroy Pino, Roberto Shimabukuro Miyasato, Anibal Jong Urtecho Gómez and Alexander Montenegro, Monroy & Shima Abogados
be decided within 24 to 48 hours in extreme cases. Constitutional proceedings have accelerated time- frames. To request urgent treatment, parties must indicate urgency, explain why regular timeframes are inadequate and provide evidence of potential harm from delay.
their positions, without automatic disclosure obliga- tions. Mandatory disclosures with initial pleadings vary by case type: commercial disputes require contracts; property cases need title documents; family mat- ters need certificates. Additional production occurs through targeted requests for specific, relevant docu- ments that demonstrably exist. Requesting parties must identify documents precisely and explain rel- evance. This restrictive approach balances evidence needs with efficiency while avoiding fishing expedi- tions, prioritising judicial economy and evidence with- in parties’ possession. 5.4 Alternatives to Discovery Mechanisms In Peru, parties must attach all documentary evidence to initial pleadings (“front-loading”). The Civil Proce- dure Code recognises documents, witness testimony, expert opinions, judicial inspections and party state- ments as evidence forms. Courts evaluate relevance and admissibility in admis- sion hearings. Unavailable documents require court- approved targeted requests. Judges lead witness questioning in formal hearings. Experts are typically court-appointed neutrals. Judicial inspections exam- ine relevant places or objects. Judges play active roles, focusing on establishing facts rather than rely- ing on adversarial interactions. 5.5 Legal Privilege In Peru, legal privilege exists through professional secrecy, protected constitutionally and in various codes, covering confidential attorney–client commu- nications and litigation work product. The system partially distinguishes between external and in-house counsel. External attorneys receive robust protection, while in-house counsel communi- cations have limitations when in business rather than legal capacities. Protection depends on communica- tion purpose – legal advice (protected) versus busi- ness advice (potentially unprotected). The claiming party bears the burden of proof, with courts able to review disputed documents in camera.
5. Discovery 5.1 Discovery and Civil Cases
In Peru, common law discovery is not available. The system employs limited evidence gathering, with parties submitting evidence with initial pleadings and courts controlling admission. Document production is restricted. Parties can request specific documents when demonstrating existence, relevance and opponent possession. Courts can order third-party production when relevant. Witness testimony occurs during trial, with questioning con- ducted by judges based on party-proposed ques- tions. Requests must be specific and connected to disputed facts, prohibiting fishing expeditions. This judge-centred approach balances evidence needs with efficiency. 5.2 Discovery and Third Parties In Peru, obtaining evidence from non-parties occurs through court-controlled processes. For documents, litigants file court requests demonstrating relevance and specifying content precisely. For testimony, par- ties identify witnesses and explain relevance, with courts issuing summons. Third parties must comply with court orders, subject to objections based on privilege, trade secrets or self- incrimination. Non-compliance may result in fines or coercive measures. Unlike direct attorney discovery, all third-party evidence gathering requires judicial intervention, maintaining court oversight throughout the process. 5.3 Discovery in This Jurisdiction In Peru, evidence gathering differs from common law discovery. Peru employs a limited, court-controlled process where parties submit evidence supporting
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