On Monday October 3, 2016 the proceedings for collective and class actions issued by Agreement No. 12/16 (the "Regulation") of the Federal Supreme Court ("FSC") which we commented on in Marval News # 160 enter into force.
We briefly describe below the provisions of the new Regulation:
It is applicable to collective actions other than environmental or criminal cases tried before the National or Federal Courts. The requirements for both collective claims and/or class actions must be met by the plaintiff when initiating the complaint. The court may request further clarifications from the plaintiff until the requirements are complied with and is entitled to adopt any measures for organizing the proceedings. Even if the claim is not filed as collective, the court may readapt the proceedings as such if the requirements of Agreement No. 32/14 of the FSC are met. The court must issue a "Resolution of Registration" ("Resolución de Inscripción") before ordering service of the complaint to defendants. The Resolution of Registration must decide: the provisional identification of the class; the subject-matter of the claim; the identification of the defendants to the case; and order registration before the Registry. The Resolution of Registration is not subject for appeal.
Collective proceedings that are initiated in different courts with identical or similar objectives must be joined with the proceedings that are first notified to the Registry. After the defendant answers the...