Filenews 21 September 2021 - by Michalis Hadjivasilis
A big step towards e-justice, which was welcomed by lawyers, was taken by the Supreme Court, by publishing a procedural regulation that allows judges to handle cases without the physical presence of parties. This arrangement will allow lawyers to request a postponement electronically, submit written pleadings and even have the decision sent to them electronically.
According to the Supreme, the regulation will be referred to as the e-Justice (e-Communication) Procedural Regulation of 2021. As stated, without affecting current procedural practice, the Tribunal may, if it considers it appropriate and the parties consent, handle a case in their absence. On the basis of these Rules of Procedure, a party is given the opportunity to submit a request to the Court (adjournment, summons of a witness) by e-mail, at least two working days before the date on which the case to which the request relates is set before the Court.
An e-mail containing a request to the Tribunal to handle a matter or to issue instructions must be communicated, at the same time, to all parties to the case. It is also provided that a request made by the parties, jointly, must include a recommendation on costs.
The Court may communicate or issue instructions to the parties by e-mail. The Court is seized of a request by a party and gives the appropriate instructions, by e-mail or through the printed list, of course and electronically posted, at least one day before the date on which the case is set before it. At the same time, the Court may instruct a party to register a written statement in connection with any proceedings by e-mail.
The Supreme Court points out that this regulation does not negate the obligation of the parties to appear before the Court if: (a) they are instructed to do so by the Court, or (b) the Court does not respond to a request they made by e-mail, or (c) the Court's instructions were not posted on the case-list.
As decided, e-justice applies to all proceedings before the Supreme Court and the courts of first instance, including the specialised courts.
