The concept of Remote litigation and requirements | ||
| AL- Mouhakiq Al-Hilly Journal for legal and political science | ||
| Article 1, Volume 8, Issue 1, March 2016, Pages 277-342 | ||
| Authors | ||
| A. P. Dr. Hadi H. Abdali Alka; ; Nsaeif J. Mohammed Algarawy | ||
| Abstract | ||
| Abstract The subject of the study is Remote Litigation which means using the electronic techniques to apply the judgment, since the judgment is a phenomena for the state's prevalence, so this study must be worthy to the level that judgment represents in the state, and we have defined the Remote Litigation as an informative judicial statute to apply all judicial procedures through computers connected online by using e-mails for a quick deciding for rules and verdicts against claims and easing procedures for complaints and defendants and implementing rules electronically. So we are opposite to new mechanism to apply a new judicial statute based on bases and legislations and judicial rulings in the shed of digital techniques and information that made the world looks like a small village, that everything could be modified into digital data either picture, voices, scientific theories, engineering charts or chemical equations, and that what distinguish this study whereas it specified since beginning wide frame in dealing with the issue considered as (developing the information) a comprehensive issue for the judicial attachment, and not mere improvement in some judicial procedures inside the courts but it shows stages of judgment as it be in its classic state but it is by electronic ways means through very far distances by applying its general bases for the law of civil prosecution without ruling out any of them, but employing them to work according to this system and obligation of legal intrusion by modifying some of them as we refer to in our study, with showing the defects of the current classic paper procedures, one of them is difficulty of briefing on claims by the opponents, exchanging the memorandums, difficulty of sending summons, and easy to destroy or difficult to resume it , and it is subjected to steal, and the effect of time factor in destroying in due to bad methods of storage inside the courts. Therefore this study dealt with all these problems and stumbles through using Remote Litigation , some hints of electronic suits appear through showing or submitting the claims by the compliant through the electronic sites of courts or the attorney, after accepting his authorization by the prosecutor according to legal agency issued formally. Therefore when the complaint intends sue a claim electronically, first he sends his claim through an e-mail to the site of the court, provided that this site is 24 a day, 7 days a week, then all documents have been received after consent of the specialized company responsible for that site then sending it to the specific court, the clerk received it after make a double check for all legal papers and check the ID of the defendant and then reply him with acceptance of the claim through e-mail, knowing that in USA currently they suing throw online within a legal online site owned by a specialized company lies in Santa Barbera in California started work in this field since September 1999. Therefore this study showed that, this statute achieve many privileges like it's easy to view the folder of the case from far distance, possibility of exchanging the memorandums from far distance in the same time without delaying the claim for many dates, in addition to get rid of the long routine of referring to more than one destination to register the claim or paying the fees , procedures of notification the parties, ease of transferring, ensuring the time because there is no need to visit the court to brief the verdict of the or the rule issued for the claim, no need to travel to attend the sessions, ability of sending the folder of the case from the primary courts to the secondary courts, or sending them to the legal medication or the experts' offices, with ensuring the right of opponents related with legal documentation of all statements and decisions of the rival or the spectators have be documented legally by the hearings sessions, and achieving the transparency in dealing with the claim, ease of keeping the issues and speed in dealing with folders, ensuring the expenses and efforts in transferring the amounts to the place of the defendant. In addition to what have above mentioned, this statute has another advantages like disappearing of the paper system and substituting them with electronic letters through web sites in short time, these electronic procedures reduces the literally writings mistakes by clear and accurate printing phrases, hence the judicial statute has achieved a big stride in updating the legislative developments and investing most modern technical means to achieve goals of the judgment. | ||
| Keywords | ||
| concept; Remote litigation; requirements | ||
|
Statistics Article View: 118 PDF Download: 45 |
||