At last, we are moving forward to the start of jurisdictional activities on a regular basis. Indeed, our Supreme Court by means of Administrative Resolution N° 000068-2020-P-CE-PJ, published on June 18 in El Peruano, has approved the Protocol for the use of institutional mail accounts, in order to receive the briefs corresponding to the processes that are processed in each Supreme Court.
Although the e-mail addresses for accessing the filing of briefs are indicated, I consider it important to develop the rules established for the filing of briefs. For example, the presentation may only be made by attorneys with their respective name, professional association and graphic signature; as well as those presented accompanying the parties or authorized third parties with their corresponding graphic signatures. F or this purpose, it is necessary that they are duly scanned in PDF or other suitable document . The misuse or improper use of this means, enables the respective blocking of the mail of origin and the corresponding responsibilities.
As it is a virtual filing, the use of the electronic mailbox is mandatory, so that electronic notifications of the resolutions issued are also sent, without prejudice to the forms expressly provided by law. In this regard, I remind litigants that Article 49.1 of the Regulations of the New Judicial Office of the Corporate Criminal Module of the Superior Courts of Justice of the Republic must be applied, which prescribes that the judicial resolution takes effect from the second day following its notification in the electronic mailbox, with the exception of those that are issued and notified in hearings and special proceedings.
Another important point is that the briefs submitted must not exceed 10 pages and if the party has to attach an important and extensive annex, the Chamber will allow – exceptionally – a maximum of 20 pages.
As this is a new issue for both Chambers and litigants, I would consider that if the brief contains a greater number of pages, the practical thing would be to attach the pertinent pieces where the pertinence, usefulness , and conduciveness are established; and at the end, the reasons why the others were not attached should be stated; so that the other party does not allege instrumental inadmissibility.
The last thing, and following the line of the preceding paragraph, is that the Supreme Executions, Resolutions or Judgments of the Constitutional Court, or decisions or references of any other Organism – public or private – should not be attached as annexes, introducing – I maintain – obligatorily the exact data for their respective location by the collegiate. Regarding the above, I understand that it does not require further explanation of the subject, only with a piece of final advice , and that is that in the brief a practical and legal justification of the reason for which it is named should be indicated in a succinct manner.
