چکیده:
Use of electronic communication methods for the production, processing, receipt, recycling, storage and management of data on civil proceedings in the lawsuit process, Announcement (service), hearings, preparation of minutes and other written documents (bulletins of the parties to the case, etc.), court hearings, as well as their notification and execution to the extent that it is technically feasible and feasible, are forms the electronic civil justice process. This paper, after a brief review of the disadvantages and advantages of electronic civil procedure, discussed this process from the start to its end. Then, the tools and procedures for the implementation of electronic civil procedure based on the solutions that can be presented to our country's system of law, has analyzed.
خلاصه ماشینی:
Electronic Civil Procedure: Executive Process and Practical Approach Mohammad Aghayari PhD in Private Law, Islamic Azad University, Karaj Branch Abbas Karimi Professor of Private and Islamic Law Department, Faculty of Law and Political Science, University of Tehran Mostafa Alsan Associate Professor of Private Law Department, Faculty of Law, Shahid Beheshti University (Date of Receipt: 1397/8/26 - Date of Approval: 1397/10/24) Abstract The use of electronic communication methods for the production, processing, reception, retrieval, storage, and management of data related to civil proceedings in the process of filing a lawsuit (registering a claim), notification, holding sessions, preparing minutes and other written documents (statements of the parties to the dispute...
Rule 26 of the Federal Rules of Civil Procedure of the United States emphasizes the necessity of disclosing evidence, documents, and electronic message data by the parties to the dispute and stipulates a 14-day deadline after the court order for holding a joint meeting, which is often determined 120 days after the filing of the request for proceedings.
Currently, in the laws of our country, according to Article 175 of the Criminal Procedure Code (approved in 1992), “the use of computer and telecommunication systems, such as messaging (email), remote visual communication, fax, and telephone, for filing complaints or lawsuits, referring cases, summoning the accused, notifying judicial documents, and also judicial delegation is permissible, provided that the regulations regarding electronic proceedings are observed.
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