Implementation of the New Civil Procedure Code: Paradigmatic Metamorphosis or New Stagnation?

Introduction

The new Civil Procedure Code, adopted through Law 402 of 2023, which came into force on October 11, 2025, is not a mere update but a reengineering of the system, transitioning from a written and often labyrinthine model to one that is markedly oral, concentrated, and agile. However, putting a model on paper is not the same as putting it into practice, especially considering that the Judiciary lacks the financial resources to make this system truly optimal and effective.

New Code vs Current Judicial Structure

October 13, 2025, marked a turning point for Panamanian justice with the entry into force of the new Civil Procedure Code. Enshrined with a catalog of twenty-five fundamental procedural principles, among which stand out effective judicial protection, judicial direction, immediacy, publicity, celerity, efficiency, transparency, equity, procedural good faith, judicial impartiality, and procedural equality. These principles, far from being mere rhetorical declarations, constitute the framework upon which the new system is built, guaranteeing a fairer and more equitable process.

The above contrasts sharply with the reality of a system that already carries significant backlog and delays. The lack of budget in Panama's Judiciary is a significant issue that directly affects the implementation of the new code. Beyond the appointment of administrative personnel, the appointment of new judges is urgently needed, as they are ultimately the cornerstone of the system.

Benefits of the New Civil Procedure Code

1. The Revolution of the Evidentiary System

One of the most revolutionary aspects of the new CPC is manifested in its evidentiary system. The rigidity of the traditional "evidentiary period," which often became a bottleneck, is abandoned. Instead, the possibility of proposing evidence from the filing of the lawsuit and its answer is established, allowing for a more fluid and continuous evidentiary dynamic.

2. Orality as a Transformative Axis

The most palpable difference lies in the change of procedural paradigm. The old Judicial Code, rooted in the written tradition, fostered formality and, on occasion, delay. The new code, on the other hand, embraces orality as the central axis of judicial proceedings. This is not a normative whim but a deliberate strategy to promote immediacy between the judge, the parties, and the evidence, thus speeding up proceedings. Hearings become the crucible where decisions are forged, displacing the primacy of the written file. This shift toward orality, along with the concentration of procedural acts, redefines litigation dynamics, requiring legal professionals to adopt radically different preparation and defense strategies, focused on argumentation and direct presentation of evidentiary elements.

3. Procedural Agility

The simplification of procedures, procedural economy, and the reduction of unnecessary formalities are explicit objectives of the new code. The aspiration is clear: to reduce the duration of proceedings from years to months. This agility is reinforced by the reorganization of remedies, seeking to eliminate those undue delays that have historically undermined confidence in the judicial system. Additionally, the new code incorporates mechanisms to facilitate access to justice, such as real-time case tracking and online notifications, democratizing access to information and reducing physical and bureaucratic barriers. Precautionary measures have also been subject to detailed updating, seeking greater effectiveness and certainty in their application.

Challenges for the System to Execute the Benefits of the New Code

The implementation of this new procedural framework is not without challenges. It requires profound adaptation by all actors in the judicial system: judges, lawyers, administrative staff, and citizens. The Judiciary has recognized this need, promoting intensive training programs to ensure that the letter of the law translates into effective and coherent judicial practice. Additionally, it is imperative to increase the Judiciary's budget for the appointment of new judges who, in turn, will help resolve pending cases from before the code's implementation. We understand that it represents a titanic task for the system to address both scenarios simultaneously.

The transition from the written model to the oral and concentrated one is undoubtedly a moral imperative and a commitment to more efficient, transparent, and accessible justice, aligned with the constitutional principles that emanate from the people. The success of this reform will depend on the collective will to embrace this change and the diligence with which its principles are applied, marking the beginning of a new era for civil justice in Panama.

Conclusion

We are still in time to correct the course. We understand that the implementation of the new code alone will not resolve the judicial backlog; however, a robust budget is required to comprehensively accompany all the needs demanded by this new legal order. The problem will not be solved immediately; patience is required from all of us who are actors in the system, along with the hope that we will finally have a fast, agile, and fair system.

At Jurado Attorneys & Consultants, we have all the preparation and knowledge to handle your proceedings under this new Civil Procedure Code. From our firm, we are committed to providing you with excellent service, based on decades of experience and deep knowledge of Panamanian law.