Legal Challenges of Civil Electronic Litigation

A Comparative Analytical Study

Abstract

The electronic litigation system is one of the most prominent modern manifestations in the E-trials are one of the most prominent manifestations of digital transformation in the justice sector, as they provide speed and flexibility in completing cases and reduce the burden on litigants. However, this system faces several legal challenges that hinder its effectiveness and ensure the achievement of Justice. One of the most prominent of these challenges is the absence of specific legislative and procedural regulation of electronic pleadings, as the current laws were developed in a traditional environment that relies on paper procedures, which makes them unable to absorb the specifics of digital procedures such as electronic registration of cases, electronic notifications, or holding hearings via virtual means. This legislative vacuum opens the door to divergent interpretations and contradictory case law. Moreover, the prevailing legislation has not kept pace with technical development, as many of the laws of pleadings and evidence have not evolved to include electronic procedures, and have not specified clear formulas for their organization or recognition. This legislative inertia slows down the adoption of digital Justice tools and negatively affects the confidence of litigants in the judicial system. Despite the prevalence of digital transactions, there is still controversy about the extent of legal recognition of electronic documents before the courts, and the availability of technical and legal conditions that ensure their protection from forgery or manipulation. The absence of legislation equating traditional and electronic publishing in legal force also hinders the adoption of electronic documents as the main means of proof.