خلاصة:
Electronic litigation is defined as the process of conducting legal proceedings electronically, from filing a lawsuit and serving legal documents to the adjudication of the case, issuance of judgments, and their enforcement. The acceleration of case resolution, the establishment of universal access to justice, cost reduction, and improved quality of litigation are among the key achievements of electronic litigation. In line with these advancements, many legal systems have been striving to develop laws and regulations to facilitate the implementation of electronic litigation, including in the realm of family disputes. Fundamental principles such as speed, the acquisition of evidence, and reconciliation hold significant importance in family disputes, making the adoption of electronic case management systems in family courts even more crucial. This research, using a descriptive-analytical approach, examines the current state of Iran's legal system regarding the application of electronic tools in family disputes. After analyzing existing laws and regulations, it concludes that although Iran's legal framework does not explicitly provide for a separate electronic litigation system for family disputes, general laws and regulations concerning electronic litigation, such as the registration of lawsuits, referral, service of legal documents, holding court sessions, access to case files, obtaining witness statements, judicial inquiries, and enforcement of judgments, can be applied in family litigation. Overall, the current situation indicates that family courts can be categorized under the second category of electronic litigation, alongside semi-electronic and fully electronic systems.
ملخص الجهاز:
Electronic Litigation in Family Lawsuits 1 Seyed Mahdi Kazemi Abstract In a brief definition, electronic litigation is defined as the use of communication and information tools and methods for filing a lawsuit and conducting the litigation process, from submitting a petition and serving judicial documents to hearing the case and evidence, issuing a verdict, and its enforcement.
Therefore, the present research, using a descriptive-analytical method, studies and examines the status of the Iranian legal system regarding the application of electronic tools in family lawsuits and, after reviewing existing laws and regulations, has reached the conclusion that although a separate litigation system for family lawsuits has not been foreseen in Iranian law, the general laws and regulations related to electronic litigation, including petition registration, referral, service of judicial documents, holding hearing sessions, access to judicial files, obtaining witness statements, judicial inquiries, and enforcement of judgments, can in principle be implemented in the process of hearing family lawsuits.
In other words, electronic litigation means utilizing electronic communication and information tools and methods to file a lawsuit in court and carry out the litigation process, from the submission of petitions and complaints and the service of judicial documents to the adjudication of the claim and evidence, the issuance of a verdict, and its enforcement, where mobile phones, email addresses, and internet websites are among the most important of these tools (Zarkalam, 1391, p.
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