PERU Law and Practice Contributed by: Renzo Salvatore Monroy Pino, Roberto Shimabukuro Miyasato, Anibal Jong Urtecho Gómez and Alexander Montenegro, Monroy & Shima Abogados
Parties seeking multi-jurisdictional protection typically need parallel proceedings in each relevant country. 6.6 Third Parties and Injunctive Relief In Peru, injunctions can affect third parties possess- ing defendant assets or having relationships affecting dispute outcomes. The Civil Procedure Code permits extending injunctions to non-parties to preserve judg- ment effectiveness. Common scenarios include freezing bank assets, blocking transfers or withholding salaries. Applicants must show connections between third parties and dis- putes, demonstrating how they could undermine judg- ments. Affected third parties can challenge measures or claim damages. Courts apply heightened scrutiny, balancing effective remedies against protecting non- parties from undue burdens. 6.7 Consequences of a Respondent’s Non- Compliance In Peru, violating court injunctions triggers several enforcement mechanisms. Unlike common law’s contempt powers, Peru uses statutory provisions. The primary consequence is invalidating actions that contravene orders, such as voiding prohibited prop- erty transfers. Courts can impose progressive fines for non-com- pliance. In flagrant cases, arrest for up to 30 days may be ordered as a last resort. Judicial officers may directly enforce orders with police assistance when needed. Non-compliance may constitute criminal disobedience with separate charges. Violators may also pay damages and costs, ensuring effective rights protection during litigation.
Evidence is examined publicly with direct question- ing by parties. Judges actively direct proceedings and ensure compliance. After oral closing arguments, par- ties often submit written briefs. Judges issue written judgments with detailed findings and reasoning. This hybrid approach balances written thoroughness with oral transparency, reflecting judicial reform efforts towards improved efficiency and accessibility. 7.2 Case Management Hearings In Peru, shorter hearings for interim applications fol- low a streamlined format, typically lasting 30 minutes to two hours. The judge outlines the issue, parties pre- sent brief arguments, and the judge issues an imme- diate decision or reserves judgment briefly. Urgent matters may be conducted with minimal formality for timely resolution. The system incorporates preliminary hearings before trials, where judges attempt settlement, define dis- puted issues, determine admissible evidence and establish timetables. Complex cases may require additional pre-trial conferences. These mechanisms aim to improve efficiency by resolving cases early and ensuring organised trials. Pre-trial management inten- sity corresponds to case complexity. 7.3 Jury Trials in Civil Cases Jury trials are unavailable in Peruvian civil cases. The legal system relies exclusively on professional judges to decide legal and factual questions, with cases decided by individual judges or judicial panels depending on court level and proceeding type. This reflects Peru’s civil law philosophy, prioritising codified law application by trained professionals over community judgment. Judges evaluate evidence according to legal standards and provide reasoned written decisions reviewable by higher courts. This promotes consistency and predictability. While Peru has implemented various judicial reforms, introducing civil jury trials has not been considered. 7.4 Rules That Govern Admission of Evidence In Peruvian civil proceedings, evidence must be rel- evant, legally obtained and timely submitted during pleading phases, with late submissions generally rejected except for newly discovered evidence. The
7. Trials and Hearings 7.1 Trial Proceedings
In Peru, civil trials combine written and oral elements. The process begins with written submissions, fol- lowed by preliminary hearings for procedural issues. Main trials feature oral components including witness testimony, expert presentations and arguments.
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