Impact of COVID-19 on Court Proceedings and Mediations

1. Argentine Judiciary

1.1. Agreement No. 4/2020

For public health reasons, on March 11, 2020, the Argentine Supreme Court of Justice (the “CSJN”, after its acronym in Spanish) issued certain measures for magistrates, officials and employees of the Argentine Judiciary (Agreement No. 3/2020). In turn, on March 13, 2020, it extended to the Argentine Judiciary the measures established by the Ministry of Health for the prevention of COVID-19 (Resolution No. 514/2020).

Then, based on the evolution of the epidemiological situation, on March 16, 2020, the CSJN issued the Agreement No. 4/2020 with effect within the scope of the Argentine Judiciary, through which it provided, among other measures:

(i) To declare non-business days from March 16 to 31, 2020, for the judicial proceedings filed in the Argentine Judiciary courts, notwithstanding the validity of the procedural acts carried out or that are carried out (1st point of the operative part of the Agreement No. 4/2020).

(ii) To order that during this period the courts ensure a minimum provision of the justice service with magistrates and/or officials which are not included in the risk groups (2nd point of the operative part of the Agreement No.  4/2020).

(iii) To suspend public service, except for procedural acts in which the presence of lawyers and/or parties is essential (3rd point of the operative part of the Agreement No.  4/2020).

(iv) To establish that for urgent matters, the parties may request authorization of non-business days and hours under the terms of Section 153 of the National Civil and Commercial Procedural Code (the “CPCCN”, after its acronym in Spanish) (4th point of the operative part of the Agreement No.  4/2020).

(v) Establish that, as of March 18, 2020, all filings made in the scope of the National and Federal Judiciary must be made in digital format through the Judicial Electronic Identification (the “IEJ”, after its acronym in Spanish), registered in each of the cases -except for initial filings that cannot be digitally entered.

Regarding said digital filings, the CSJN stated that "they must be electronically signed by the person who submits it (Section 5 and 6 of Law No. 25,506, Section 286 and 288 of the Argentine Civil and Commercial Code (the “CCCN”, after its acronym in Spanish) and the provisions of Law No. 26,685)" and that "such filings and their related documentation will have the value of sworn statement as to their authenticity, will be self-sufficient and a paper copy should not be issued" (11th point of the operative part of the Agreement).

The Agreement was issued in accordance with the transitional measures adopted by the different public agencies in the country in order to prevent the spread of COVID-19. However, it raised some doubts among legal practitioners regarding: (a) the validity of the hearings set on a date within the non-business period; (b) if the non-business days included in the period from March 16 to 31, 2020, would be computed for the purposes of abandonment of lawsuit for failure to prosecute and, if it is required to request authorization of non-business days and hours in order to avoid it; (c) if it is appropriate to leave an electronic note on Tuesdays and Fridays from March 16 to 31, 2020; and (d) what would be the scope of the provisions of the 11th point of the operative part of the Agreement, as it provided that all the filings should be made in digital format through the IEJ and that they would be "electronically signed by the presenter " (Section 5 and 6 of Law No. 25,506, Section 286 and 288 of the CCCN and the provisions of Law No. 26,685)"

Some of these doubts and concerns were channeled by the City of Buenos Aires Bar Association to the CSJN, through a request for clarifications made on March 17, 2020, which had no response but was resolved in some aspects by the Agreement No. 6/2020 to which we will refer below.

Regarding the extent of the 11th point of the operative part of the Agreement No. 4/2020, the question was raised because at the date of its issuance, the digital signature has not been implemented within the scope of the Argentine Judiciary, since the documents filed in the system only have electronic signature.

In turn, Section 288 of the CCCN provides that “in instruments generated by electronic means, the requirement of the person’s signature is satisfied with a digital signature that undoubtedly ensures the authorship and integrity of the instrument”.

For its part, Section 1 of Law No. 26,685 authorizes “the use of electronic files, electronic documents, electronic signatures, digital signatures, electronic communications and constituted electronic addresses, in all judicial and administrative proceedings processed before the Argentine Judiciary, with the same legal effectiveness and probative value as its conventional equivalents”. In other words, it gives the electronic signature and the digital signature the same value as the holographic signature.

However, Section 5 of Law No. 25,506 on Digital Signature provides that “in case the electronic signature is unknown, whoever invokes it has to prove its validity”.

The interaction of all the said rules from the Agreement No. 4/2020 has generated uncertainty regarding the scope of the 11th point of its operative part. This provision was complemented by the CSJN, with Agreements No. 11/2020 and 12/2020, which approved the use of a new electronic signatures (after accepting certain terms and conditions on the Argentine Judiciary website) within the scope of the CSJN and the Argentine Judiciary.

1.2. Agreement No. 6/2020

On March 20, 2020, due to the evolution of the health crisis and in line with the measures taken by the Argentine Executive through Executive Decree ("DNU") No. 297/2020 which stated social, preventive and compulsory isolation until March 30, 2020, the CSJN issued the Agreement No. 6/2020, which governs within the scope of the Argentine Judiciary, through which it resolved, among other measures:

(i) To declare an extraordinary recess for all the courts and offices from the Argentine Judiciary, from March 20 to 31 inclusive, stating that, eventually, the Argentine Executive may extend  said term for the same period in the terms of DNU No. 297/2020, according to the evolution of the epidemiological situation (2nd point of the operative part of the Agreement No. 6/20).

(ii) To remind the powers of judicial magistrates to carry out procedural acts that do not admit delays or measures that, if not carried out, could cause irreparable harm (3rd point of the operative part of the Agreement No. 6/20).

(iii) To remind that the National and Federal Courts and the Oral Courts are entitled to implement the guards that are essential according to the needs of the courts or jurisdictions that depend on them. For these purposes, they must minimize the personnel to the strictly necessary, note the exceptional licenses stated by the Agreements No. 3/2020 and 4/2020 and weigh the restrictions on movement establish by DNU No. 297/2020.

(iv) To take special consideration of criminal matters and urgent family issues, the protection of minors, gender violence, amparos -particularly those related to health issues- (4th point of the operative part of the Agreement No. 6/2020).

(v) To enable work from home within the Argentine Judiciary so that those magistrates, officials and employees who are not required to provide emergency service can continue working from their home (7th point of the operative part of the Agreement No. 6/2020).

 1.3. Agreement No. 8/2020

On April 1, 2020, in accordance with the provisions set forth by the Argentine Executive through DNU No. 325/2020, which extended the validity of DNU No. 297/2020 (that established social, preventive and compulsory isolation) until April 12, 2020 included, the CSJN issued Agreement No. 8/2020, by which it extended the extraordinary recess from April 1 to 12, 2020, included (2nd point of the operative part of the Agreement No. 8/2020).

Agreement No. 8/2020 also ordered to instruct the National and Federal courts to designate the authorities during the extraordinary recess, in their jurisdictions, to address all issues that do not admit delay according to the guidelines set out by Agreement No. 6/2020 (4th point of the operative part of the Agreement No. 8/2020).

1.4. Agreement No. 9/2020

On April 3, 2020, in response to the request channeled by the Attorneys’ Association of the City of Buenos Aires, the CSJN issued Agreement No. 9/2020, through which it resolved, among other measures:

(i) To provide that the extraordinary recess be enabled to order through the computer system the releases, exclusively in electronic form, of the payments for: (a) alimony; (b) severance pay; (c) work accidents; (d) transportation accidents; and (e) professional fees, of all proceedings, provided that they have been given in payment, as long as the status of the process allows it, and that the magistrate considers it appropriate.

(ii) To instruct the National and Federal courts in charge of the supervision of each jurisdiction, to determine the necessary means so that each magistrate may attend to the requests for releases remotely, this means without having to attend the court.

(iii) To require the Argentine Bank (Banco Nación) to adjust its computer system so as to allow electronic payments for judicial proceedings.

1.5. Agreement No. 10/2020

On April 12, 2020, in accordance with the provisions set forth by the Argentine Executive through DNU No. 355/2020, by which the social, preventive and compulsory isolation was extended until April 26, 2020, the CSJN issued Agreement No. 10/2020, by which it extended the extraordinary recess, provided for in point 2 of Agreement No. 6/20, from April 13 to April 26, 2020, both included (2nd point of the operative part of the Agreement No. 10/2020).

Agreement No. 10/2020 also ordered to instruct the various national and federal courts to designate the authorities during the extraordinary recess, in the area of their jurisdictions, to address the issues that do not admit delay in accordance with the guidelines set out in the Agreement No. 6/2020 and 9/2020 (4th point of the operative part of Agreement No. 10/2020).

1.6. Agreement No. 11/2020

On April 13, 2020, aiming at adapting the jurisdictional and administrative performance of the Supreme Court, through digital means and to implement the electronic and digital signature for the subscription of different acts, the CSJN issued Agreement No. 11/2020, through which it resolves, among other measures:

(i) To approve the use of electronic and digital signatures within the scope of the CSJN, with respect to the different jurisdictional acts executed by the Ministers and Secretaries of this Court (2nd point of the operative part of the Agreement No. 11/2020);

(ii) To establish that a paper-based record will not be necessary in the cases in which the electronic or digital signature is used, keeping the jurisdictional act in digital record (3rd point of the operative part of Agreement No. 11/2020);

(iii) To provide that, whenever the celebration of meetings in person between the Ministers of the Supreme Court is not possible, these may be carried out by virtual or remote means, with the same validity provided for in the Argentine Regulations for National Justice. These mechanisms can only be used in exceptional or emergency situations (4th point of the operative part of Agreement No. 11/2020);

(iv) To entrust to the National Commission of Judicial Management and the Systems Directorate of the Court, the adoption of the necessary measures for the prompt implementation of the Agreements issued, between other measures:

a. The development and implementation of the necessary informatics systems;

b. The development of a system that allows for the remote filing of: complaints for the denial of extraordinary appeals, and of lawsuits initiated in the Secretariat of Original Proceedings of the CSJN;

c. The filing of digital documents with electronic signatures granted by the National Judicial Branch to: attorneys, the Public Prosecutor's Office, the Public Defender's Office and any other intervening party;

d. The digital circulation of judicial briefs. Priority should be given to proceedings, which lack a single vote to be sentenced, starting with those in which there are no dissenting opinions, those that are urgent, and those that have been agreed to be included in a list of transcendent cases decided by the CSJN.

e. To implement any improvement that contributes to the celerity and economy in the handling of proceedings.

1.7. Agreement 12/2020

On April 13, 2020, in accordance with Agreement No. 11/2020, and aiming to adopt the necessary measures to adapt the proceedings through digital means in the courts and agencies, which are part of the Argentine Judiciary, the CSJN issued Agreement No. 12/2020 through which it resolved, among other measures:

(i) To approve the use of electronic and digital signatures within the scope of the Argentine Judiciary, with respect to all judges and lower court officials who work with the Judicial Management System (Sistema de Gestión Judicial) (2nd point of the operative part of Agreement 12/2020);

(ii) To establish that a paper-based record will not be necessary in the cases in which the electronic or digital signature is used, keeping the jurisdictional act in digital record (3rd point of the operative part of Agreement No. 12/2020);

 (iii) To provide that, whenever the celebration of meetings in person is not possible, these may be carried out by virtual or remote means, with the same validity. These mechanisms can only be used in exceptional or emergency situations, and may not replace meetings to be carried out in person by the Magistrates, under the terms of the Argentine Regulations for National Justice (4th point of the operative part of Agreement No. 12/2020)

(iv) To order that, while the public health conditions that the country is going through, as a consequence of the coronavirus pandemic, persist the provisions of Article 11 of Decree-Law 1285/58, regarding the attendance of Magistrates to the court’s premises, may be complied with by virtual or remote means (5th point of the operative part of Agreement No. 12/2020);

(v) To approve the "Procedure for the Reception of Claims, Filing of Direct Appeals and Complaints before the Appellate Courts", attached as an Annex to Agreement No. 12/2020, which will enter into force on April 20, 2020 (6th point of the operative part of Agreement No. 12/2020).

1.7.1. ANNEX to Agreement No. 12/2020: Procedure for the Reception of Claims, Filing of Direct Appeals and Complaints before the Appellate Courts

In order to enable a mechanism for the electronic reception of claims, appeals and complaints before all national and federal appellate courts in Argentina, the CSJN established the "Procedure for the Reception of Claims, Filing of Direct Appeals and Complaints before the Appellate Courts". This mechanism does not apply to claims in criminal matters. The Annex describes the new electronic submission mechanism, which comprises:

(i) Assignment of email accounts: The assignment of an official e-mail address to each Appellate Court - where there is a one-stop-shop desk - or an address for each of the geographic locations of each jurisdiction. The complete list of email addresses, by jurisdiction, will be published on the websites of the CSJN and the website of the Argentine Judiciary.

(ii) Allocation of Judicial File: The procedure for requesting the filing of claims, direct appeals and complaints;

(iii) Claim Entry Form: A Claim Entry Form is included for the cases in which the Appellate Courts to which the claim must be filed, do not have a specific entry form. The information entered therein have the nature of a sworn statement.

1.8. Agreement 13/2020

On April 27, 2020, in accordance to the provisions set forth by the Argentine Executive through DNU No. 408/2020 (that extended the social, preventive and compulsory isolation measures until May 10, 2020) the CSJN issued Agreement No. 13/2020, by which it extended the extraordinary recess, provided for in point 2 of Agreement No. 6/20, from April 27 up to and including May 10, 2020, (2nd point of the operative part of the Agreement No. 13/2020).

Through Agreement No. 13/2020, the CSJN instructed the various national and federal courts to designate the authorities during the extraordinary recess, in the area of their jurisdictions, to address urgent issues (4th point of the operative part of Agreement No. 13/2020).

Furthermore, the CSJN stated that the authorities of each jurisdiction, taking into account the particular circumstances of each jurisdiction and having special consideration of the provisions set forth in Article 3 and 6 of DNU 408/20, may expand the matters to be considered by those courts during the extraordinary recess.

1.9. Agreement 14/2020

On May 11, 2020, in accordance to the provisions set forth by the Argentine Executive through DNU No. 459/2020 (that extended the social, preventive and compulsory isolation measures until May 24, 2020) the CSJN issued Agreement No. 14/2020, by which it extended the extraordinary recess, provided for in point 2 of Agreement No. 6/20, from May 11 to May 24, 2020, both days included (2nd point of the operative part of the Agreement No. 14/2020).

Through this Agreement, the CSJN adopted measures aimed at further increasing the provision of justice, taking into account the present epidemiological situation. In this respect, the CSJN resolved, among other measures:

(i) To provide that during this extraordinary recess the CSJN will operate with all its members and court secretaries (3rd point of the operative part of the Agreement No. 14/2020).

(ii) To entrust the various national and federal courts in charge of the superintendence of each jurisdiction to appoint the authorities during extraordinary recess, in order to deal with as many matters as possible. For this purpose, the applicable legislation concerning the extension of the social isolation measures must be respected, taking into account the particular characteristics of the jurisdiction where the courts are located (4th point of the operative part of the Agreement No. 14/2020).

(iii) To approve the following protocols: (a) "Protocol and Guidelines for the processing of judicial cases during the extraordinary recess"; (b) "Protocol referring to the call of judicial officials and employees"; (c) "Protocol for the submission of queries to the Argentine Judiciary"; and (d) "Protocol on Prevention, Health and Safety measures for the National Judiciary due to the Covid-19 pandemic" (5th point of the operative part of the Agreement No. 14/2020).

(iv) To remind and insist that, in order to submit presentations, and for the performance of all procedural acts, priority should be given to the use of available digital tools that allow the remote processing of the case and the use of electronic and digital signatures (6th point of the operative part of the Agreement No. 14/2020).

1.9.1. ANNEX I to Agreement 14/2020: Protocol and Guidelines for the processing of judicial cases during the extraordinary recess

The “Protocol and Guidelines for the processing of judicial cases during the extraordinary recess” was included as Annex I to Agreement 14/2020. This Protocol provides, among other measures:

a. Urgent matters: The protocol reminds judges that they are enabled to carry out procedural acts which do not allow any delay, or measures which, if not implemented, could cause damage (Section I).

b. Enabling of the extraordinary recess: For the purposes of extending the amount of cases considered during the extraordinary recess, the courts in charge of the superintendence of each jurisdiction, should have special consideration the legal provisions relating to isolation restrictions and progressive re-opening of the various jurisdictions. It also provides that Federal Appellate Courts with seats in the provinces may evaluate and request the CSJN to lift the extraordinary recess in their jurisdiction or with respect to some courts under its superintendence (Section II).

c. Extension of matters to be considered during the extraordinary recess: The courts in charge of the superintendence of each jurisdiction may extend the matters to be considered during this extraordinary recess, among others, to the following cases:

1. Criminal matters: drug trafficking, human trafficking, computer crimes. Criminal cases with unknown defendants under investigation, who have not been arrested, at the request of the prosecutor’s office or the complainant;

2. Non-criminal cases: Amparo proceedings - special type of summary proceedings to guarantee constitutional rights - (Law No. 16.986) and Amparo proceedings against particulars; labor claims; habeas data proceedings; damages proceedings; social security proceedings; proceedings for the regulation of professional fees; universal proceedings, such as inheritance or bankruptcy proceedings; preliminary injunctions; voluntary proceedings.

In addition, with respect to the above, the Appellate Courts and the Courts of Cassation may enable the extraordinary recess to deal with and resolve all appeals that have been submitted or which were in progress (Section IV).

3. Enabling of the extraordinary recess ex officio for the issuance of judgments: Even when they do not refer to the matters previously mentioned, the judge may order, at its own motion, that the extraordinary judicial recess is enabled to issue final or interlocutory resolutions, in the cases that can be resolved. The enabling of the extraordinary recess for the issuance of the resolution, will include its subsequent electronic notice, however the procedural terms will remain suspended. Nevertheless, once the resolution has been served, the parties may request to enable the extraordinary recess in order to continue with the proceedings, providing the reasons for the request, and the judge will rule on whether it is admissible.

1.9.2. ANNEX II: Protocol referring to the call of judicial officials and employees

This Annex, among other measures, provides that the work, which demands the attendance to the courts, will be carried out, as a priority, by judges and officials; that the tasks that can be carried out in a remote manner should be determined; and that in cases where in-person services are necessary, the minimum personnel should be determined.

1.9.3. ANNEX III: Protocol for the submission of queries to the Argentine Judiciary

This Annex provides, among other measures:

a. It reinforces that litigants and general public must make their submissions through digital means.

b. For those essential proceedings in which in-person attendance is required, shifts will be scheduled remotely, by means of a software designed for this purpose or through an email provided by the different courts’ entry desks.

c. The different courts' entry desks or areas involved must have an official email address so as to assign these shifts and answer queries (to the extent that they are relevant and fall within competence of the area or entry desk in question) submitted by system users.

d. Those submitting queries must provide an email address where the communications and notifications sent to them will be valid. This does not replace the Informatic Management System (Sistema de Gestión Informático) for all briefs to be filed and notifications, which still must be made through such system.

1.9.4. ANNEX IV: Protocol on Prevention, Health and Safety measures for the National Judiciary due to the Covid-19 pandemic

This Annex, among other measures, provides recommendations for the care of the judicial personnel attending to their workplaces; measures to be adopted by the various superintendence authorities; measures to be adopted if a suspicious case of Covid-19 is detected or the diagnosis of Covid-19 is confirmed with respect to personnel of the National Judiciary; and measures to be adopted by personnel performing cleaning tasks in the workplaces.

1.10. Agreement CSJN 15/2020

By means of Agreement No. 15/2020, the CSJN regulated the electronic filing of written communications, reports or judicial files, regulated in section 3 of the Argentine Civil and Commercial Procedural Code (Informative Evidence. Request for Written Communications - articles. 396 to 403-) and in articles 132 and 133 of the Argentine Criminal Procedural Code, which are repeatedly and regularly issued to public offices, public notaries and private entities, external to the Argentine Judiciary, in the framework of the procedure of judicial cases.

The CSJN provided that this procedure will also be applicable to the communications with the Solicitor General’s Office, regarding the claims filed against the Argentine State (article 8 of Law No. 25344); and to the processing of written communications related to preliminary injunctions or other kind of measures that exceed those of the reports (although in the latter case, under a special procedure).

With respect to this new modality of issuing written communications, the CSJN agreed:

(i) That as of June 1, 2020, and in a progressive manner, the written communications that are repeatedly and regularly issued to public or private organizations will be issued only in digital form;

(ii) To approve the "Regulations for the Electronic Filing of Written Communications with Entities Outside the Argentine Judiciary -DEOX-" (attached as an Annex to Agreement 15/2020);

(iii) To entrust the Judicial Management Commission (Comisión de Gestión Judicial) of the Supreme Court with the preparation and coordination of the plan for the progressive implementation of this service.

In general terms, the Regulations for the Electronic Filing of Written Communications provide that:

a. The procedure will be applicable to requests for information, which will be considered to be perfected when they are available in the destination account (according to the date and time of the server), in accordance with the time limits provided for in the corresponding procedural regulations. The time limits will be computed in accordance with the corresponding procedural rules.

b. As from the entry into force of this Agreement and according to the implementation plan, any public or private entity that is repeatedly and regularly required to provide information by national or federal courts must have a Unique Code of Identification of External Entity (CUIO) - which will work as an address to receive electronic communications before the Argentine Judiciary-. Title II of the Regulations establishes the procedure for the assignment of such Code to an entity.

c. This new functionality will be incorporated into the Judicial Management System of the Argentine Judiciary website, through a new module through which all the requests and responses of the entities will be channeled (once incorporated into the system).

1.11. Agreement CSJN 16/2020

On May 25, 2020, in accordance to the provisions set forth by the Argentine Executive through DNU No. 493/2020, which extended the period of social, preventive and compulsory isolation until June 7, 2020, the CSJN issued Resolution 16/2020, which extended the extraordinary judicial recess, provided for in point 2 of Resolution 6/20 - and extended by Resolutions 8, 10, 13 and 14 of 2020 - from May 25 to June 7, 2020, both included.

The CSJN also stated that during the extraordinary judicial recess it will operate with all its members and secretaries of the Court.

It also instructed the various national and federal courts to designate the authorities during the extraordinary recess, in the area of their jurisdictions, in order to address the issues that do not admit delay, as well as those issues that arise from the guidelines and assumptions set out in Agreements No. 6, 9, 10, 13 and 14 of 2020. In this regard, it reminded the authorities their powers to expand on the matters to be considered during the extraordinary judicial recess.

1.12. Agreement CSJN 17/2020

On June 2, 2020, the CSJN issued Agreement No. 17/2020, through which it ordered to lift the extraordinary judicial recess with respect to certain federal tribunals in the jurisdictions of Corrientes, Tucumán, Comodoro Rivadavia, Mendoza and Córdoba. The CSJN also established that this measure would become effective as from June 3, 2020.

1.13. Agreement CSJN 18/2020

On June 8, 2020, the CSJN issued Agreement No. 18/2020, by which it extended the extraordinary recess, from June 8 to June 28, 2020, both days included, with respect to all federal and national courts not included in Agreement 17/2020 (which lifted the extraordinary judicial recess in certain jurisdictions of the country), which remains in effect. The CSJN maintained the provisions of the Agreements issued in the context of emergency.

Once again, the CSJN instructed the various national and federal courts in charge of the superintendence of each jurisdiction to appoint the authorities during the extraordinary judicial recess, in order to address issues that do not admit delay and which arise from the guidelines set out in Agreements 6, 9, 10, 13, 14 and 16; and reminded the powers of the courts to extend the matters to be considered during this extraordinary recess. Furthermore, the Agreement established that the magistrates must evaluate the situation in order to enable the extraordinary judicial recess, with the purpose of issuing final or interlocutory resolutions, in the cases that are in conditions to be resolved.

Finally, the CSJN required the Federal Appellate Courts with seats in the provinces to inform about the possibility of ordering the lifting the extraordinary recess in their jurisdiction or with respect to some courts under their superintendence. The CSJN established that, in the event that the requested report was not received within a reasonable period of time, the CSJN itself would take the appropriate measures, taking into consideration between other circumstances, if the local court in the corresponding jurisdiction has authorized judicial employees to attend to their work places.

1.14. Agreement CSJN 19/2020

On June 10, 2020, the CSJN issued Agreement No. 19/2020, through which it ordered to lift the extraordinary judicial recess with respect to certain federal tribunals in the jurisdictions of Comodoro Rivadavia, Mendoza, Bahía Blanca, Córdoba, Tucumán and Rosario. The CSJN also established that this measure would become effective as from June 11, 2020, except for the Federal Oral Criminal Tribunal in Tucumán, for which it would come into force as from June 16, 2020.

1.15. Agreement CSJN 20/2020

On June 19, 2020, the CSJN issued Agreement No. 20/2020, through which it ordered to lift the extraordinary judicial recess with respect to certain federal tribunals in the jurisdictions of Tucumán, Salta, Resistencia, Rosario, Mendoza and General Roca. The CSJN provided that this measure would become into force as from June 22, 2020.

1.16. Agreement CSJN 21/2020

On June 19, 2020, the CSJN issued Agreement No. 21/2020, through which it decided to, exceptionally, suspend the winter judicial recess of the month of July, as for every national and federal court within the Argentine Judiciary.

1.17. Agreement CSJN 23/2020

On June 24, 2020, the CSJN issued Agreement No. 23/2020, through which it ordered to lift the extraordinary judicial recess with respect to certain federal tribunals in the jurisdictions of Córdoba, Mar del Plata, La Plata and Salta. The CSJN also established that this measure would become effective as from June 25, 2020, except for the Federal Oral Criminal Tribunal in Mar del Plata, for which it would come into force as from June 29, 2020.

1.18. Agreement CSJN 24/2020

On June 25, 2020, the CSJN issued Agreement No. 24/2020, through which it ordered to lift the extraordinary recess with respect to certain federal tribunals in the jurisdictions of Córdoba, Bahía Blanca, General Roca and Posadas. The CSJN also established that this measure would become effective as from June 29, 2020, except for the Federal Oral Criminal Tribunal in Posadas, for which it would come into force as from July 1, 2020, and for the Federal Court of Viedma, for which it would come into force as from July 6, 2020.

1.19 Agreement CSJN 25/2020

On June 29, 2020, the CSJN issued Agreement No. 25/2020, by which it decided to extend the extraordinary judicial recess, from June 29 to July 17, 2020 (both days included), with respect to all federal and national courts along with other offices within the Argentine Judiciary. The abovementioned decision does not impact those federal and national courts in which the extraordinary recess has already been lifted by decision of the CSJN (conf. Agreements Nº 17, 19, 20, 23 y 24).

Between other measures, the Court elaborated on the following guidelines:

(i) Those courts affected by the extension of the extraordinary recess must lift the judicial recess for those judicial proceedings, which are set for the court to issue its ruling, whether it is a final or an interlocutory decision,

(ii) At the request of the parties, those courts affected by the extension of the recess may lift the judicial recess when the relevant part of the judicial docket for ruling is digitalized.

(iii) The CSJN reminded the judges of their power to address issues that do not admit delay or to take measures, which, if not taken could sustain irreparable damage; as well as, to addressing those issues which arise from the guidelines set out in Agreements 6, 9, 10, 13, 14, 16 and 18.

(iv) The CSJN reminded the power of the superintendence authority to extend the subjects or issues to be address while the extraordinary judicial recess is in force.

(v)The Court instructed that during this period the restriction on public attention would be maintained, except for procedural acts in which the presence of lawyers and/or parties is essential.

1.20. Agreement CSJN 26/2020

On July 1, 2020, the CSJN issued Agreement No. 26/2020, through which it ordered to lift the extraordinary recess with respect to certain federal tribunals in the jurisdictions of Comodoro Rivadavia, Posadas and Salta. The CSJN also established that this measure would become effective as from July 2, 2020. 

1.21. Agreement CSJN 27/2020

On July 20, 2020, the CSJN issued Agreement No. 27/2020, in accordance with the measures taken by the Argentine Executive through DNU No. 297/2020, through which it resolved, among other measures:

(i) Courts which are already enabled: To maintain the operations of the national and federal Courts with seats in different jurisdictions of the country, in which the extraordinary judicial recess has been previously lifted (Conf. Agreements CSJN No. 17, 19, 20, 23, 24 and 26).

(ii) Argentine Supreme Court of Justice: To lift the extraordinary judicial recess, which was established in point 2 of the Agreement CSJN 6/2020.

(iii) Oral Courts and National and Federal Appellate Courts: To lift the extraordinary recess, which was established in point 2 of the Agreement CSJN 6/2020, with respect to the Courts in which the extraordinary judicial recess had not been previously lifted.

(iv) First Instance Courts:

- To extend the extraordinary judicial recess established in point 2 of the Agreement CSJN 6/2020, from July 18 to July 26, 2020 (both included), with respect to the Courts for which the extraordinary judicial recess has not been previously lifted. The opening hours of the on-duty Courts are maintained from 9:30 a.m. to 1:30 p.m.

- To lift the extraordinary judicial recess as of July 27, 2020 regarding all First Instance Courts with a seat in the City of Buenos Aires. This, unless the CSJN stipulates otherwise in any of the jurisdictions involved, based on the founded opinion of the Appellate Courts that exercise the superintendency over the aforementioned Courts.

- To require the other Federal Courts to report -before July 23- on the possibility of lfiting the extraordinary judicial recess from July 27, 2020.

(v) To maintain the previous Agreements issued by the CSJN in the emergency framework, with the modifications incorporated into Agreement CSJN No. 27/2020.

In addition, the CSJN ordered the following accessory measures to lift the extraordinary judicial recess:

(i) Regarding the Courts in which the extraordinary recess is to be lifted, during the period between July 18 and August 3, 2020 (both days included), the course of the procedural and administrative terms will be suspended; the expiration terms will not run either. The suspension of deadlines will not be applicable: (i) regarding those acts ordered by the Judge or competent authority, and (ii) in the cases where the judicial recess was lifted, and continued their process due to the urgent qualification given by the on-duty Courts.

(ii) Procedural terms will automatically resume from August 4, 2020.

(iii) The CSJN maintains the recommendations established in the Agreement CSJN N.° 25/20 regarding the priority use of digital tools (unless the presence of lawyers and parties is essential), the remote work modality, and the limitation of attention to the public.

1.22. Agreement CSJN 28/2020

On July 23, 2020, the CSJN issued Agreement No. 28/2020, through which it authorized the agencies included in Section 8 (a) of the Law on Financial Administration and Control Systems of the National Public Sector (Law No. 24,156) –the National Administration, made up of the Central Administration and the Decentralized Agencies, including the Social Security Institutions–, to make the payment of the justice fee (tasa de justicia), in the cases filed before the federal and national courts of the National Judicial Power, through a bank transfer made by the General Treasury of the Nation to the accounts owned by the CSJN, at the Argentine National Bank and at the Bank of the City of Buenos Aires.

1.23. Agreement CSJN 29/2020

On July 23, 2020, the CSJN issued Agreement No. 29/2020, through which it ordered to lift the extraordinary recess with respect to the Federal Court of Necochea. The CSJN also established that this measure would become effective as from July 24, 2020. 

1.24. Agreement CSJN 30/2020

On July 27, 2020, the CSJN issued Agreement No. 30/2020, through which it ordered to lift the extraordinary recess with respect to certain federal courts in the jurisdictions of Resistencia, General Roca, Paraná and Mar del Plata. The CSJN also established that this measure would become effective as from July 28, 2020. 

1.25. Agreement CSJN 31/2020

On July 27, 2020, the CSJN issued Agreement No. 31/2020, through which it resolved, among other measures:

(i) To ratify the decision to lift the extraordinary judicial recess established in the Agreement 27/2020, as from July 27 to August 3, (both days included), with suspension of procedural terms and without expiration of the procedural terms, regarding the following courts:

• • National and federal first instance courts based in the City of Buenos Aires, with the exceptions listed in point (ii).
  • First instance courts of the Federal Appellate Court of the City of San Martín.

(ii) To extend the extraordinary judicial recess, regarding the following courts:

• Civil First Instance Courts: the judicial recess will be extended from July 27 to August 3 (both days included).
• Commercial First Instance Courts: the judicial recess will be extended until July 28, included (with suspension of procedural terms until August 3, as in the other cases).
• Certain Courts of the Federal Appellate Court of the City of La Plata: the judicial recess will be extended from July 27 to August 3 (both days included):
  • Federal Court of La Plata No. 1.
  • Federal Civil, Commercial and Administrative Court of La Plata No. 2.
  • Federal Criminal and Correctional Court of La Plata No. 3.
  • Federal Civil, Commercial and Administrative Court of La Plata No. 4.
  • Federal Criminal and Correctional Court of Lomas de Zamora No. 1.
  • Federal Criminal and Correctional Court of Lomas de Zamora No. 2.
  • Federal Civil, Commercial and Administrative First Instance Court of Lomas de Zamora. No. 3.
  • Federal Court of Quilmes.
• Certain Courts of the Federal Appellate Court of the City of Salta: the judicial recess will be extended from July 27 to August 3 (both days included):
  • Federal Court of Jujuy No. 1.
  • Federal Court of Jujuy No. 2.

(iii) To give powers to the Appellate Courts to decide on the general suspension of procedural terms when circumstances so require, regarding the causes of the respective court and jurisdiction.

(iv) To approve different protocols: Annex I “Action Protocols for the National Judicial Power”; Annex II “Judicial Management ElectronicSystem - Action Protocol”, Annex III “Protocol on prevention, hygiene and safety measures for the National Judiciary due to the COVID-19 pandemic”. In particular, Annex II includes regulatory guidelines in relation to the electronic judicial file, electronic presentations, calculation of procedural terms, in-person attendance at the Courts, home-office work modality.

2. Preliminary mediations at national level

2.1. Resolution No. 106/2020 of the Argentine Ministry of Justice and Human Rights

On March 17, 2020, the Argentine Ministry of Justice and Human Rights issued Resolution No. 106/2020.

In the Resolution, it was stated that during the term established by the CSJN through the Agreement No. 4/2020, that is, from March 16 to 31, 2020, “mediation hearings shall not be held within the framework of Law No. 26,589, without prejudice to the validity of the acts performed as of the date of publication hereof”. Law No. 26,589 rules the compulsory dispute resolution procedure prior to the judicial instance.

Thus, the mediation hearings set during this period will not be carried out, and will certainly be rescheduled once this extraordinary situation is over.

2.2. Resolution No. 121/2020 of the Argentine Ministry of Justice and Human Rights

On April 23, 2020, the Argentine Ministry of Justice and Human Rights issued Resolution No. 121/2020. By means of this Resolution, it established that during the period in which ambulatory and social distancing restrictions are in effect, in accordance to the sanitary emergency established in DNU 260/2020, prejudicial mediators may conduct hearings by electronic means, through video conference or other equivalent means with voice or image transmission. This provided that the identity of the participants and the compliance of the principles governing the procedure of compulsory prejudicial mediation are guaranteed (Law 26.589).

Within the framework of this Resolution, the following guidelines where established for carrying out mediations:

(i) Responsibilities of the Mediator: The Mediator will have the responsibility of summoning the parties and their attorneys, and accrediting their respective identities.

(ii) Information of the Parties and Attorneys: Prior to the first hearing, the parties and their attorneys must send their personal data (in order to prove their identity) and contact details (through which all subsequent communications will be valid), to the e-mail address provided by the Mediator to the National Directorate of Mediation and Participatory Methods of Conflict Resolution (Dirección Nacional de Mediación y Métodos Participativos de Resolución de Conflictos).

(iii) Videoconferences: Videoconferences may be held individually with each party, or jointly with both parties. They can be carried out only when all participants have the necessary technological means and have given their written consent to do so. These conferences may be complemented by the use of e-mails and telephone dialogues.

(iv) Agreement: The Agreement reached has the same effect as any Agreement reached in hearings held in person. If the Agreement involves payment obligations, these will be fulfilled by bank transfer to the accounts declared by the parties.

(v) Registration of Minutes: The minutes must continue to be registered through the MEPRE system. The Minutes of all Hearings carried out through electronic means, must include in the "Observations" section, the words "Conducted in the remote mode", mentioning this Resolution.

(vi) Execution of the Agreements or of Conformity with the Closing of Mediation: For the execution of the agreement, or the conformity with the closing of the procedure, if it cannot be carried out by means of digital signature, exceptionally the Mediator and the parties will be included within the exceptions provided for in Article 2(b) of Administrative Decision 446/2020 (cases of force majeure). The mediator must send the relevant citation to the emails of the parties, which will contain the express authorization to transit and will have to be exhibited before the authority if required.

(vii) Mediation Initial Fee: The payment of the mediation initial fee is deferred until the Computer Management Directorate arbitrates the necessary mechanisms to carry it out by electronic means.

2.3. Provision 7/2020 of the Subsecretariat for Access to Justice

On May 6 2020, the Under-Secretariat for Access to Justice issued Provision No. 7/2020, approving the "Guide for Conducting Remote Mediations" in order to implement mechanisms to hold mandatory prejudicial mediation hearings in accordance with the provisions of Resolution 121/2020 of the Ministry of Justice and Human Rights. This provision also empowered the National Directorate of Mediation and Participatory Methods of Conflict Resolution to issue the necessary clarifying provisions and propose other operational measures to help implement this resolution.

2.3.1. ANNEX to Provision 7/2020: Guidelines for Conducting Remote Mediations

The purpose of the "Guide for Conducting Remote Mediations" is to establish unified criteria for the performance of remote mediation hearings under the terms of Resolution 121/2020 of the Ministry of Justice and Human Rights, preserving the guiding principles of Law No. 26,589 and its regulations.

3. Judiciary of the Province of Buenos Aires

3.1. Resolution SCBA No. 386/20

On March 16, 2020, the Supreme Court of Justice of the Province of Buenos Aires (the “SCBA”, after its acronym in Spanish) in coordination with the Attorney General, issued Resolution No. 386/20.

Resolution No. 386/20, applicable within the Judiciary of the Province of Buenos Aires, among other measures, established:

(i) To declare the suspension of the usual activity, within the Judiciary of the Province of Buenos Aires, suspending the procedural terms, from March 16 to 31, 2020 inclusive, notwithstanding to the validity of the acts that are carried out.

(ii) To set a minimum provision of the justice service during the referred period, which will be limited to the attention of urgent matters that require prompt decision or that by their nature do not admit postponement. For these purposes, it was ordered to enable the Courts, according to the order of shifts established in SCBA Agreement No. 3963/19 for the year 2020.

(iii) To establish that during the abovementioned period Resolution No. 1253/2017 provisions regarding the possibility to file urgent matters that require prompt decision on paper or electronic form through "electronic submissions with recess authorization" will apply.

Likewise, on March 18, 2020, the president of the SCBA issued Resolution No. 10/20, through which, among other issues, it established the following guidelines:

(a) To let legal practitioners and the general public know that any urgent and necessary proceeding must be channeled by remote means. Access to the Judiciary offices will be limited to the person who has been summoned or has any request that cannot be evacuated by electronic or telephonic means.

(b) To suspend the holding of hearings set by courts, unless they are urgent and do not imply a risk to people's health.

(c) To authorize magistrates to substitute hearings for written procedures or videoconferences.

(d) To establish that, for calculating the abandonment of lawsuit for failure to prosecute stated in Section 311 of Decree Law No. 7428/68 (Civil and Commercial Procedural Code of Buenos Aires, the “CPCCBA” after its acronym in Spanish), the days between March 16 and 31, 2020, will be deemed non-business days, in accordance with Section 152 of the CPCCBA, by virtue of having declared judicial leave and suspension of terms.

(e) To let the lawyers know that they should only file those initial motions that require prompt decision or in which the limitation of the action is imminent, which must be received by the respective Case Files Offices or Peace Courts.

(f) To let the parties and professionals know that they should only submit briefs that require prompt decision and that all filings must be made on electronic form.

(g) To determine that urgent resolutions and judgments will be notified electronically and said notifications will be made ex officio by courts. Only those notifications addressed to a real domicile will be given on paper form.

 3.2. Resolution SLP No. 14/20

On March 30, 2020, as a result of the extension of the social isolation measures established by the Argentine Executive, the Presidency of the SCBA issued Resolution No. 14/20, which provided, among other measures:

(i) To extend the validity of Resolution SCBA No. 386/20, which declared the suspension of the usual activity, within the Judiciary of the Province of Buenos Aires, suspending the procedural terms, until April 12, 2020 included.

(ii) To urge the Bank of the Province of Buenos Aires (Banco Provincia) to take the necessary steps to implement a computer system for remote access to judicial accounts, with adequate levels of security, to enable the judicial authorities to manage queries and payments. This, in order not to delay the release of judicial electronic payments.

(iii) In order to avoid delays in the proceedings, the magistrates must schedule their tasks so that they can issue orders, interlocutory decisions or final decisions, which are pending. To this end, they may exceptionally access records in the Docket, which are not in digital format and are essential.

(iv) To incorporate amendments in the shifts established by Agreement SCBA 3963/19, with respect to certain jurisdictions.

(v) To provide that, whenever the Electronic Filing and Notification System does not allow full access to the content of the proceedings, until April 12, 2020, blind or visual impaired persons, who so require, may exceptionally make filings and notifications in paper format.

3.3. Resolution SLP No. 15/20

On April 3, 2020, based on the Report issued by the Secretariat of Planning and the Undersecretariat of Information Technology, which informed on the viability of filing briefs to initiate cases through the Judicial Branch's Electronic Filing and Notification Portal, the Presidency of the SCBA issued Resolution 15/20.

Resolution SCBA No. 15/20 resolved to enable, as from April 6 and until April 12, 2020, the submission of briefs to initiate proceedings through the Judicial Branch Electronic Submission and Notification Portal, before the Peace Courts, and the first instance jurisdictional bodies on civil and commercial, family and contentious-administrative and labor matters, on duty (in accordance with point 1 of Resolution SCBA 15/20).

Resolution SCBA 15/20 also provided that:

(i) Only briefs aimed at initiating proceedings that require urgent dispatch, or in which the statute of limitation of the action is imminent, may be filed (in accordance with point 3 of Resolution SCBA 15/20);

(ii) Once the exceptional period has expired, the Courts and Tribunals that have received submissions initiating proceedings through the indicated Portal, will send them to the Departmental Reception of Proceedings, which will proceed to sort them to the correspondent Court (in accordance with point 4 of Resolution SCBA 15/20);

(iii) The computerized mechanism provided will also be used to file complaints (Quejas) against the Chambers of Appeal for denied or improperly granted appeals under the respective legislations (in accordance with point 6 of Resolution SCBA 15/20).

Resolution 15/20 was extended until April 26, 2020, by Resolution SCBA No. 18/20.

3.4. Resolution SLP 18/20

On April 12, 2020, based on the continuity of the social, preventive and mandatory isolation established by the Argentine Executive through the DNU No. 355/2020, the Presidency of the SCBA issued Resolution 18/20, which resolved to extend the measures provided by Resolution SCBA No. 386/20 until April 26, 2020, included.

Also, through point 4 of Resolution SCBA No. 18/20, the SCBA reminded judges, officials and agents of all jurisdictions and instances of the following:

(a) Activity of the courts: The courts must resolve the urgent matters presented to them in the proceedings under their jurisdiction and schedule their tasks to issue the orders, interlocutory and/or final resolutions that are pending (including bank transfer orders);

(b) Performance under the home office arrangements: judges, officials and agents of all courts must, to the extent of their possibilities, provide judicial services from their homes;

(c) Hearings that cannot be postponed: hearings whose suspension and/or postponement could result in serious harm (e.g., proceedings where persons are deprived of their freedom) may be held in strict compliance with the minimum requirements set out in Resolution No. 10/20, taking into account the use of available technological tools.

3.5. Agreement SCBA No. 3971/20

On April 15, 2020, in view of the technological modernization process for the improvement of the justice service provided by the SCBA, and the conditions in which judicial activity must be carried out in the current context of the serious sanitary emergency, Agreement No. 3971/20 was issued, by which the SCBA declared itself in a state of "continuous agreement" for the production and signing of its acts. Under this modality, the SCBA will be able to hold working meetings at a distance. In addition, the SCBA is enabled to sign all its judicial and administrative acts, with the use of digital signatures. These acts may be executed during working days, during working hours or non-working hours.

3.6. Agreement SCBA No. 3975/20

On April 17, 2020, the SCBA issued Agreement No. 3975/20, by which it approved the new “Regulation for Briefs, Resolutions, Proceedings and Judicial Files”, which will come into effect within the Province of Buenos Aires Judiciary, on April 27, 2020 (with the exception of criminal matters, which will come into effect on June 1st, 2020).

This new regulation provides for the total digitalization of judicial files, contemplating the coexistence of digital/paper formats for proceedings currently in progress. The SCBA points out that these new regulations will be complementary to the rules currently in force regarding electronic submissions and notifications.

3.7. Resolution SLP No. 21/20

On April 26, 2020, the Presidency of the SCBA issued Resolution No. 21/2020, by which it decided to extend the measures provided for in Resolution No. 386/20 -which declared the suspension of the usual activity within the Judiciary of the Province of Buenos Aires, with suspension of the procedural terms, notwithstanding to the validity of the acts to be performed- until May 10, 2020, notwithstanding to the provisions of the Supreme Court's resolution.

It is important to note that the SCBA stipulated through Article 3 of this resolution that this resolution must apply until the approval of the regulations regarding the new scheme for remote or long-distance services during the emergency that Justice Administration is going through, as a result of the COVID-19 pandemic.

3.8. Resolution SCBA 480/20

On April 27, 2020, the SCBA issued Resolution No. 480/2020, through which it resolved on the progressive resumption of the procedural terms. The main measures for the resumption of proceedings established by the SCBA are:

(i) As of April 29, 2020, the SCBA stipulates the resumption of procedural terms for the issuance of all types of resolutions and judgments, and their electronic notification, in the Civil and Commercial, Family, Labor, Contentious-Administrative and Peace Courts. Subsequent procedural terms will also be enabled in the proceedings covered by this regulation, according to the terms of the following article (point 3 of the operative part of Resolution SCBA 480/2020);

(ii) As of May 6, 2020, the SCBA stipulated the resumption of procedural terms for the filing of electronic briefs and procedural acts compatible with the restrictions in force in relation to the pandemic and the health emergency. The processing of these acts by the Courts, will be carried out to the extent that the technological means available allow it and provided that they do not involve an affluence or transfer of persons to the headquarters of the judicial bodies or offices or to the place where the diligence are to be carried out.  The terms corresponding to any act or procedural diligence subsequent to each presentation, the performance of which is compatible in the terms of the previous paragraph, must also be resumed (point 4 of the operative part of Resolution SCBA 480/2020 – repealed by point 13 of the operative part of Resolution SCBA 593/2020);

(iii) The prohibition to initiate new proceedings is maintained, except for those corresponding to urgent cases and those in which the statute of limitation of the action is imminent (point 5 of the operative part of Resolution SCBA 480/2020);

(iv) At the request of a party, and at the reasonable discretion of the Courts, the use of accessible technological tools may be authorized for the remote performance of procedural acts that could otherwise be impeded (point 6 of the operative part of Resolution SCBA 480/2020);

(v) The modality referred to in the previous point will not apply for: (a) the testimony of witnesses and acquittal of positions; (b) the hearing of cases in labor and family proceedings; and (c) the hearings involving children and adolescents, or involving persons with reduced capacity (point 7 of the operative part of Resolution SCBA 480/2020);

(vi) The Courts may authorize the production of expert evidence (in whole or in part), judicial recognition, reports and documentation, at their own discretion, when the technological means available so permit and when it does not involve the affluence or transfer of persons to the headquarters of the judicial bodies or offices or to the place where the proceedings are to be conducted (point 7 of the operative part of Resolution SCBA 480/2020);

(vii) The Courts corresponding to the criminal and juvenile criminal jurisdictions will continue their activity under the emergency regulations currently in force. However, they will be allowed to conduct and decide abbreviated and direct trial procedures and to suspend the trial on evidence, in accordance with the rules of Article 4 (to the extent that the available technological means allow), or to replace the oral procedure with the written one. For the purpose of holding any hearing with the intervention of persons deprived of their liberty, in principle, the videoconference system provided for by the SCBA in Resolutions 195/19 and 26/19, will be applicable (point 8 of the operative part of Resolution SCBA 480/2020).

3.9. Resolution SPL No. 22/20

On April 28, 2020, the Presidency of the SCBA issued Resolution No. 22/20, instructing the Justice of the Peace Superintendence, to periodically inform the Presidency of the SCBA, about the activities and services that may be authorized in the different municipalities of the Province of Buenos Aires, within the framework of the "geographical segmentation" referred to in DNU 408/20 (Article 3), insofar as they have effects or incidences on the development of the justice service provided within the scope of such districts.

Also, with respect to the suspension of the time limits for the initiation of judicial proceedings, referred to in article 5 in fine of Resolution 480/20, this Resolution establishes that it refers time limits established for the deduction of claims challenging acts or regulations emanating from provincial or municipal authorities or other persons in the exercise of public functions or prerogatives, or other types of legal actions governed by local public law, which by their nature are suspended by reason of the suspension of the usual judicial activity. It does not refer to the time limits provided for in the substantive legislation. The initiation of proceedings to prevent the statute of limitation from expiring, in the substantive legislation, can be filed under the terms of Article 5, first part, of Resolution 480/20. The foregoing is without prejudice of the filing of the appropriate action in cases of urgency.

3.10. Resolution SPL 23/20

On May 4, 2020, the Presidency of the SCBA issued Resolution No. 23/20, which established clarifications regarding the scope of the rules set forth in the proceedings before the Family Courts and Justice of the Peace Courts in family matters.

Among other things, it clarified that in proceedings before Family Courts, the resumption of time limits provided for in Article 3 of SCBA Resolution No. 480/20 (which established the resumption of time limits for the issuance of resolutions and judgments and their electronic notification) applies to urgent matters. Notwithstanding the abovementioned, the authority of the judicial body is empowered to issue decisions in non-urgent matters, in which case the time limits for electronic notification and the performance of the consequent procedural acts will be resumed.

3.11. Resolution SPL 25/20

On May 10, 2020, the Presidency of the SCBA issued Resolution No. 25/20, by which it decided to extend the measures provided for in Resolution No. 480/20 and its clarifications (Presidency Resolutions No. 22/20 and 23/20) up to and until May 24, 2020.

3.12. Resolution SCBA 535/2020

On May 25, 2020, the SCBA issued Resolution No. 535/2020, by which it decided to extend the measures provided for in Resolution No. 480/20 and its clarifications and supplementary regulations, until June 7 2020, included.

It also provided that, matters of all nature, submitted to the Appellate Courts and Guarantee Courts in Criminal Matters, must be distributed among the Courts in accordance with the system of draws provided for in Article 41 of Law No. 5827 (Argentine Judiciary Law).

3.13. Resolution SCBA 558/2020

On May 28, 2020, the SCBA issued Resolution No. 558/2020, by which it resolved that as of June 1, 2020, the submission of briefs to initiate proceedings through the Notification and Electronic Presentations Portal (which until then had been received by the Courts on duty), will be made before the Departmental Proceedings Reception (Receptorías de Expedientes).  Once the brief has been received, the proceedings will be assigned to the Court on duty in the corresponding jurisdiction.

Among other provisions, Resolution No. 558/20 maintained what was set forth in Resolution No. 15/20 issued by the Presidency of the SCBA on April 3, 2020, as to the fact that only initial briefs that require urgent dispatch or in which the prescription of the action is imminent must be admitted, and provided that the electronic form that must be completed by the plaintiff and digitally signed together with the initial brief has the status of a sworn declaration (repealed by point 13 of the operative part of Resolution SCBA 593/2020).

Furthermore, in the cases where the litigant is acting in its own name and right, and the attorney does not have a digital certificate in order to sign the presentation digitally, the brief must bear the handwritten signature of the litigant, who must sign the brief in the presence of his attorney. The attorney will be responsible for generating, signing and submitting an electronic document identical to the paper-based document. At its own motion, or upon the request of a party, the court may order the submission of the paper-based document, under the warning that the presentation is considered to not have been submitted in the case the plaintiff does not comply. If the exhibition of the paper-based document is not possible, the attorney must be personally summoned in order to attest the authenticity of the presentation.

3.14. Resolution SPL 30/20

On June 7, 2020, the Presidency of the SCBA issued Resolution No. 30/20, by which it decided to extend the measures provided for in Resolution No. 480/20, No. 535/20 and 558/20 (and its complementary measures) up to and until June 28, 2020.

3.15. Resolution SCBA 593/20

On June 20, 2020, the SCBA issued Resolution No. 593/2020, by which it implemented a new electronic system for the filing, reception and subsequent daily distribution, of all new lawsuits before the Civil and Commercial, Family, Labor, Contentious-Administrative and Peace Courts, and established that it would come into operation on June 25, 2020. As from that date, under the same electronic system, amparos should be filed.

Resolution No. 593/2020 provided that the submission of briefs to initiate proceedings would only be received by the Notification and Electronic Presentations Portal before the Departmental Proceedings Reception (Receptorías de Expedientes) (Conf. Resolution No. 558/2020). However, the proceedings will no longer be assigned to the Court on duty, but to the corresponding Court in the corresponding jurisdiction.

Resolution No. 593/2020 repealed Section 5 of Resolution SCBA No. 480/20, which prohibited the filing of new proceedings, with the exception of those corresponding to urgent cases and those in which the statute of limitation of the action is imminent.

3.16. Resolution SCBA 3979/20

On June 25, 2020, the SCBA issued Resolution No. 3979/20, by which it decided to suspend the winter judicial recess with respect to all courts within the Judiciary of the Province of Buenos Aires, due to the sanitary emergency and its inevitable impact on the justice service.

3.17. Resolution SPL 31/20

On June 28, 2020, the Presidency of the SCBA issued Resolution No. 31/20, by which it decided to extend the measures provided for in Resolution No. 480/20, No. 535/20 and 558/20 (and its clarifications and complementary regulations) until July 17, 2020, included.

3.18. Resolution SPL 32/20

On July 2, 2020, the Presidency of the SCBA issued Resolution No. 32/20, by which it approved a web service for the assigning of shifts for the attendance to the offices of the jurisdictional bodies and agencies under the Judiciary of the Province of Buenos Aires. The web service will be available as of July 8, 2020, for the attendance to those agencies where the justice service has been fully reestablished, in accordance with Resolutions No. 583/20, 654/20, 655/20, 707/20 and those that may be issued in the future. The Resolution also clarified that the use of the aforementioned tool will be available for both professionals and for the general public.

3.19. Reestablishment of the full justice service in certain judicial departments of the Province of Buenos Aires

In view of Decree No. 520/20 of the Argentine Executive, in which it implemented a new stage of “social, preventive and mandatory distancing” in certain departments of the Province of Buenos Aires, the SCBA decided on the progressive reopening of the justice service in the jurisdictional bodies and dependencies of the Supreme Court, located in the departmental centers and decentralized headquarters with seats in those departments where the distancing measures were implemented. To this end, it stipulated:

i. The conditions and guidelines for the authorization and operation of the Peace Courts and the reestablishment of the peace justice services in certain Peace Courts located in the judicial departments of Azul, Bahía Blanca, Dolores, Junín, La Plata, Mercedes, Necochea, Pergamino, San Nicolás and Trenque Lauquen, as of June 17, 2020 (Resolution No. 583/20);

ii. The reestablishment of the peace justice services in certain Peace Courts located in the judicial departments of Azul, Bahía Blanca, Dolores, Mar del Plata and Trenque Lauquen, as of June 26, 2020 (Resolution No. 654/20);

iii. The conditions and guidelines for the authorization and operation of jurisdictional activity in the courts, tribunals and offices and decentralized offices, and the reestablishment of the justice services in the judicial bodies of the departments of Pergamino and Trenque Lauquen, as of July 1 2020 (Resolution SCBA No. 655/20);

iv. The reestablishment of the justice service in the judicial bodies and administrative bodies of the departments of Azul - and the decentralized seat of Tandil - and San Nicolás, as of July 13, 2020 (Resolution SCBA No. 711/20);

v. The preventive and provisional regression, of the reestablishment of the justice service in the Peace Courts of the municipalities of Hipólito Yrigoyen and Castelli, in view of the existence of local circulation of the Covid-19 virus, until a new resolution is issued (Resolution SCBA No. 719/20) This resolution was repealed, with respects to the Municipality of Hipólito Yrigoyen, reestablishing its full justice service, as of July 29, 2020 (Resolution SPL 35/20);

vi. The reestablishment of the peace justice service in certain Peace Courts located in the departments of Bahía Blanca, Dolores, La Plata, Mar del Plata, Mercedes and San Nicolás, as of July 16, 2020 (Resolution SCBA No. 720/20).

vii. The reestablishment of the justice service in the judicial bodies and administrative bodies of the departments of Junin and Necochea, the decentralized seat of Tres Arroyos, and the Labor Courts of Bragado, as of July 20, 2020 (Resolution SCBA No. 742/20).

viii. The reestablishment of the justice service in the judicial bodies and administrative bodies of the departments of Bahía Blanca, as of July 29, 2020 (Resolution SCBA No. 749/20).

ix. The reestablishment of the peace justice service in certain Peace Courts located in the departments of Pringles, Baradero and Chivilcoy, as of July 29, 2020 (Resolution SCBA No. 750/20).

x. The reestablishment of the justice service in the judicial bodies and administrative bodies of the decentralized seat of Olavarría located in the judicial department of Azul, as of August 3, 2020 (Resolution SCBA No. 757/20).

xi. The reestablishment of the peace justice service in certain Peace Courts located in Paz de Salto and Suipacha, both belonging to the judicial department of Mercedes, as of August 3, 2020 (Resolution SC 758/20)

xii. The reestablishment of the peace justice service in the Peace Court of Roque Pérez, as of August 6, 2020 (Resolution SCBA No. 768/20).

xiii. The reestablishment of the justice service in the judicial bodies and administrative bodies of the departments of Mercedes and Mar del Plata, as of August 24, 2020 (Resolution SCBA No. 819/20).

xiv. The preventive and provisional regression, of the reestablishment of the justice service in the judicial and administrative bodies of Mar del Plata, in view of the existence of local circulation of the Covid-19 virus, as of Agust 31, 2020, until a new resolution is issued (Resolution SPL No. 46/20).

xv. The preventive and provisional regression, of the reestablishment of the peace justice service in the Peace Court of Guaminí, in view of the existence of local circulation of the Covid-19 virus, as of August 31, 2020, until a new resolution is issued. (Resolution SPL No. 47/20).

xvi. The reestablishment of the peace justice service in the Peace Courts of Coronel Pringles and Chivilcoy, as of August 31, 2020 (Resolution SPL No. 47/20).

xvii. The reestablishment of the peace justice service in certain Peace Courts located in General Madariaga and Partido de la Costa, as of September 9, 2020 (Resolution SC 921/20).

xviii. The preventive and provisional regression of the reestablishment of the justice service in the Peace Courts of General Alvear, 9 de Julio, 25 de Mayo and in the Criminal Execution Court No. 2 with seat in General Alvear (Judicial Department of Azul), in view of the existence of local circulation of the Covid-19 virus, as of September 8, 2020, until a new resolution is issued. (Resolution SPL No. 48/20). This resolution was repealed, with respect to the Peace Court of General Alvear and the Criminal Execution Court No. 2 with seat in General Alvear, reestablishing its full justice service, as of October 6, 2020 (Resolution SPL 56/20).

xix. The preventive and provisional regression of the reestablishment of the justice service in the Peace Court of Colon, in view of the existence of local circulation of the Covid-19 virus, as of September 9, 2020, until a new resolution is issued. (Resolution SC No. 952/20).

xx. The preventive and provisional regression of the reestablishment of the justice service in the decentralized seat of Tandil, in view of the existence of local circulation of the Covid-19 virus, as of September 15, 2020, until a new resolution is issued. (Resolution SPL No. 49/20).

xxi. The preventive and provisional regression, of the reestablishment of the justice service in the Departamental Head of Bahía Blanca, in view of the existence of local circulation of the Covid-19 virus, as of September 21, 2020, until a new resolution is issued. (Resolution SPL No. 53/20).

xxii. The reestablishment of the presential justice service in the Peace Court of Colón and in the Labor Court and in the Peace Court of Bragado, as of September 21, 2020 (Resolution SPL 53/20).

xxiii. The preventive and provisional regression of the reestablishment of the Peace Justice Service in the minucipalities of General Madariaga, General Viamonte, Leandro N. Alem and Saladillo and at the judicial department of San Nicolás, to the exception situations stipulated under SCBA Resolutions No. 386/20 and No. 480/20, until a new resolution is issued (SPL Resolution No. 56/20).

3.20. Resolution SPL 33/20

On July 17, 2020, the Presidency of the SCBA issued Resolution SPL No. 33/20, by which it extended the validity of Resolutions No. 480/20, No. 535/20 and No. 558/20 (and clarifying and complementary measures) until August 2, 2020 inclusive.

3.21 Resolution SPL 36/20

On August 1, 2020, the Presidency of the SCBA issued Resolution SPL No. 36/20, by which it extended the validity of Resolutions No. 480/20, No. 535/20 and No. 558/20 (and clarifying and complementary measures until) through to August 16, 2020.

3.21 Resolution SPL 40/20

On August 16, 2020, the Presidency of the SCBA issued Resolution SPL No. 40/20, by which it resolved to extend the measures provided for the development of the justice service, in accordance with the decisions made by the competent authorities in the context of health emergencies.

Thus, it extended the validity of Resolutions No. 480/20, No. 535/20 and No. 558/20 (in their relevant part according to Resolution No. 593/20), 567/20, 583/20, and the clarifying and complementary measures, through to August 30, 2020.

3.22 Resolution SPL 45/20

On August 30, 2020, the Presidency of the SCBA issued Resolution SPL No. 45/20, by which it resolved to extend the measures provided for the development of the justice service, in accordance with the decisions made by the competent authorities in the context of health emergencies.

Thus, it extended the validity of Resolutions No. 480/20, No. 535/20 and No. 558/20 (in their relevant part according to Resolution No. 593/20), 567/02, 583/20, and the clarifying and complementary measures, through to September 20, 2020.

3.23 Resolution SPL 52/20

On September 20, 2020, the Presidency of the SCBA issued Resolution SPL No. 52/20, by which it resolved to extend the measures provided for the development of the justice service, in accordance with the decisions made by the competent authorities in the context of health emergencies.

Thus, it extended the validity of Resolutions No. 480/20, No. 535/20 and No. 558/20 (in their relevant part according to Resolution No. 593/20), 567/02, 583/20, and the clarifying and complementary measures, through to October 11, 2020.

4. Judiciary of the City of Buenos Aires

4.1. Resolution CM No. 58/2020 (Council of the Magistracy)

On March 16, 2020, the Council of the Magistracy issued Resolution CM No. 58/2020, in which transitory and exceptional measures were adopted in order to contribute to the containment of the epidemic.

In this regard, in order to limit the attendance of people to the local courts, the suspension of all procedural terms was ordered within the Judiciary of the City of Buenos Aires, excluding the Higher Court of Justice, between March 17 and 31 inclusive. This, notwithstanding to the validity of the acts that are carried out.

Likewise, to ensure the provision of the justice service, it was decided to keep processing the following matters, minimizing the personnel:

(i) Administrative and Tax Dispute Jurisdiction: amparos, precautionary measures, alimentary issues and requests that magistrates consider urgent.

(ii) Criminal, Contraventional and Faults Jurisdiction: urgent matters and hearings that cannot be rescheduled.

4.2. Resolution CM No. 59/2020 (Council of the Magistracy)

In view of the aggravation of the epidemiological situation, on March 19, 2020, the Council of the Magistracy issued Resolution CM No. 59/2020, by which it deepened the restrictions adopted through Resolution CM No. 58/2020, and stipulated organizational issues to guarantee the service of justice. Among other measures, it provided:

(i) To maintain the suspension of judicial terms in the jurisdiction of the Judicial Branch of the City of Buenos Aires – excluding the Higher Court of Justice of the City of Buenos Aires – until March 31, 2020, included, notwithstanding the validity of the procedural acts effectively carried out.

(ii) To establish that in the Contentious Administrative and Tax, and Criminal, Contraventional and Misdemeanor Jurisdictions, only urgent matters will be processed.

(iii) To provide, with respect to the Contentious Administrative and Tax Jurisdiction, that “urgent matter” means any Amparo process or request for preliminary injunctions, whose temporary suspension may endanger the life, health, physical integrity of people and/or irreparable damage to the environment.

(iv) To establish, with respect to the Criminal, Contraventional and Misdemeanor Jurisdiction that only requests for preventive detention, requests for freedom, and resolutions of other restrictive and/or evidentiary measures, whose decision does not admit any delay, and habeas corpus actions will be processed.

4.3. Resolution CM No. 60/2020 (Council of the Magistracy)

On March 30, 2020, the Council of the Magistracy issued Resolution CM No. 60/2020, by which it extended the reach of Resolution CM 59/2020 until April 12, 2020, included.

4.4. Resolution CM No. 63/2020 (Council of the Magistracy)

On April 12, 2020, in response to the measures adopted by the Argentine Executive, the Council of the Magistracy issued Resolution CM 63/2020, by which it resolved, among other things:

(i) To extend the validity of Resolution CM 59/2020, and CM 61/2020, with regard to the suspension of judicial and administrative terms, for the Judiciary of City of Buenos Aires (excluding the High Court of Justice), until April 26, 2020, included, without prejudice to the validity of the acts carried out;

(ii) To establish that, in the period between March 17 and April 12, 2020, included, and since the issuance of the present resolution, and of those that will be issued in the future as a consequence of the Covid-19 emergency, the procedural terms will not be computed for the purpose of the expiration of the proceedings (art. 261 Contentious, Administrative and Tax Code of City of Buenos Aires);

(iii) To provide that, during the period of extension, urgent matters must continue to be processed before the Criminal, Misdemeanour and Contraventional Courts in accordance with Resolution CM 59/2020;

(iv) To provide for the adoption of the necessary measures so that the Courts of the City of Buenos Aires may order through the computer system, the realeases, exclusively in electronico form, of the payment of compensations and/or professional fees in all proceedings, provided that they have been given in payment, as long as the status of the

(v) To require the Bank of the City of Buenos Aires (Banco Ciudad) to adapt its computer system in order to generate the electronic payments arising from the judicial processes;

(vi) To establish that the Magistrates must resolve the issues submitted to them, remotely, by means of the digital equipment provided. Only in exceptional cases, which require their presence at the Courts premises, will the Magistrates determine the minimum personnel required for the assignment;

(vii) To provide that, in the Council of the Magistracy, the Advisors, the Chairmen of the Committees and the General Administrator, must define the minimum personnel requirements, in accordance with the provisions of Resolution 58/2020.

4.5. Resolution CM No. 65/2020 (Council of the Magistracy)

On April 26, 2020, in view of the ongoing sanitary emergency, the Council of the Magistracy issued Resolution CM 65/2020, by which it resolved:

(i) To extend the scope of Resolution CM 63/2020 until May 10, 2020, with regard to the suspension of judicial and administrative terms, for the Judiciary of City of Buenos Aires (excluding the High Court of Justice), notwithstanding to the validity of the acts carried out; and in all matters not opposed to the provisions herein – see point 5° of the present Resolution –;

(ii) To extend the scope of Article 2 of Resolution CM 63/20, insofar as it establishes that the procedural terms will not be computed for the purpose of the expiration of the proceedings, until May 10, 2020;

(iii) To provide that the Contentious Administrative and Tax Courts must continue to process the ‘urgent matters’, as referred in Article 3 of Resolution 59/20. This includes, any Amparo process or request for preliminary injunctions, whose temporary suspension may endanger the life, health, physical integrity of people and/or irreparable damage to the environment;

(iv) To provide that all new demands for urgent matters must be submitted through the "Litigator’s Portal" (Portal del Litigante), and will be drawn by lot among the 24 First Instance Courts on the Contentious Administrative and Tax matters, by the General Secretariat of that jurisdiction. The Public Prosecutor's Offices will make their presentations through the computer interoperability system as has been duly agreed;

(v) To provide that the suspension of terms, established in article 1 of the present provision, must not have effects on (a) the ordinary proceedings, Amparo proceedings, preliminary injunctions and fiscal executions within the Contentious Administrative and Tax Jurisdiction that are completely digitalized, and in which all intervening parties have an electronic address duly constituted; and in (b) those ordinary proceedings and Amparo proceedings in which the Judge has decided that the case is set for the court to issue its ruling, provided that this interlocutory decision is final and has been consented by all parties.

(vi) To provide that urgent matters must continue to be processed in the Criminal, Misdemeanor and Contraventional Courts, in accordance with Article 4 of Resolution 59/20. That is to say, requests for preventive detention, requests for freedom, and resolutions of other restrictive and/or evidentiary measures, whose decision does not admit any delay, and habeas corpus actions. Procedural acts and pending hearings may be carried out using remote working tools, provided that the participation of all parties is ensured.

(vii) To entrust the Secretariat of Innovation with the design and development of a system that allows for the remote filing of new proceedings to all lawyers with a license; and with the design of a system for the notification of parties electronically;

(viii) To establish that until this system is designed, the filing of lawsuits will be done through the "Litigators’ Portal" through the functionality "Filing of Claims through Email”, which will be created for this purpose;

(ix) To enable the Mediation Centre of the Council of the Magistracy to process remotely the issues submitted to it.

4.6. Resolution CM No. 68/2020 (Council of the Magistracy)

On May 10, 2020, in response to the extension of the measures of compulsory isolation ordered by the Argentine Executive, the Council of the Magistracy issued Resolution CM 68/2020, by which it ordered that the measures adopted through Resolution CM 65/2020 should remain in force as long as the measure of social, preventive and compulsory isolation ordered by the Argentine Executive persist. Notwithstanding any amendments that the Council of the Magistracy could introduce to achieve better provision of justice.

Also, the Council of Magistracy resolved to set up a COVID-19 Commission, with the purpose of developing and proposing the necessary health and safety protocols for the gradual relaxation of compulsory isolation measures, in a targeted, gradual and progressive manner, until the definitive normalization of activity is achieved, in strict compliance with health care protocols.

4.7. Resolution CM No. 149/2020 (Counsel of the Magistracy)

On July 14, 2020, the Counsel of the Magistracy issued Resolution No. 149/2020, by which it established the suspension of the winter judicial recess for the current year.4.8. Agreement 11/2020 (Higher Court of Justice of the City of Buenos Aires)

On March 17, 2020, the Higher Court of Justice of the City of Buenos Aires issued Agreement No. 11/2020, by which declared non-business days from March 16 to 31, 2020, for the purposes of procedural and administrative terms, and indicated that this period could be extended as a result of the development of the pandemic and the  recommendations of the Argentine Health Authority, and ordered minimum services to ensure the essential service of justice in the Courts and Public Ministries of the City.

4.8. Agreement 12/2020 (Higher Court of Justice of the City of Buenos Aires)

On March 19, 2020, through Agreement No. 12/2020, the Higher Court of Justice of the City of Buenos Aires understood it was necessary to establish certain working guidelines for the period in which it declared non-business days, due to the health emergency. In this regard, it decided:

(i) To provide that during this period, only the following matters can be dealt with:

(a) Criminal matters: Preventive detention, release, conditional release, urgent preventive measures affecting personal freedom, statute of limitations for an action or for a sanction, when there are persons in detention or pending arrest warrants, habeas corpus;

(b) Contraventional matters: Preliminary injunctions and cases involving persons in detention;

(c) Contentious, administrative and tax matters: Amparo proceedings, preliminary injunctions and alimony and child support matters.

(ii) To provide that, when submitting a presentation at the Entrance Desk (Mesa de Entradas), professionals must provide an electronic address, a cell phone number and an e-mail for the purposes of any notifications that may be necessary.

(iii) To provide that the Higher Court of Justice of the City of Buenos Aires will only sign and notify Resolutions issued in the proceedings which have been enabled during the non-business day period.

4.9. Agreement 13/2020 (Higher Court of Justice of the City of Buenos Aires)

On March 31, 2020, by means of Agreement No. 13/2020, the Higher Court of Justice of the City of Buenos Aires ordered the extension of the declaration of non-working days, provided for by Agreement No. 11/2020, as well as all its effects, throughout the duration of the social, preventive and compulsory isolation ordered by the Argentine Executive.

4.10. Agreement 16/2020 (Higher Court of Justice of the City of Buenos Aires)

On May 11, 2020, through Agreement No. 16/2020, the Higher Court of Justice of the City of Buenos Aires adopted new measures with the aim of ensuring the right to effective judicial protection, but without neglecting the health of all the members of the Court and the litigants. In this regard, they resolved, among other things

(i) To enable all cases involving persons deprived of their freedom, to continue to be processed and dealt with;

(ii) To inform that the Higher Court of Justice of the City of Buenos Aires will continue issuing final or interlocutory resolutions in the cases, which are in conditions to be resolved.

(iii) To establish that the resolutions, which will be issued by the Higher Court of Justice, as from the present Agreement, will be served with the technological means available, provided that the right of defense and equality of the parties is ensured.

4.11. Agreement 17/2020 (Higher Court of Justice of the City of Buenos Aires)

On May 28, 2020, through Agreement No. 17/2020, the Higher Court of Justice of the City of Buenos Aires decided that the EJE-IURIX System will come in to force for the fully electronic proceedings of every case submitted before the Higher Court’s with effects as from June 15, 2020. The Higher Court established that in accordance with Agreement No. 13/2020, the declaration of non-working days is still in force. In this context, all attorneys involved in cases with the Higher Court were urged to register in the pertinent platform (“Portal del Litigante”, in Spanish).

4.12. Agreement 21/2020 (Higher Court of Justice of the City of Buenos Aires)

On July 8, 2020, the Higher Court of Justice of the City of Buenos Aires issued Agreement 21/2020, by which it established that the winter judicial recess would take place from July 20 to 31 (both dates inclusive) of the current year.

4.13. Agreement 24/2020 (Higher Court of Justice of the City of Buenos Aires)

On August 10, 2020, the Higher Court of Justice of the City of Buenos Aires issued Agreement 24/2020, by which it concluded the declaration of non-working days established by Agreement 13/2020, and established that the proceeding of all matters before the Court would resume as of August 24, 2020.