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July 30, 2022In force

Supreme Court Agreement 3-2022

Poder Judicial

  • Decree: CSJ-3-2022
  • Published: July 30, 2022
  • Issuing body: Poder Judicial
  • Gazette: 35,989
  • Category: Administrative

Summary

AIThis summary was generated by AI and may contain errors. Always verify against the original law text below. Not legal advice. Learn how we use AI

This regulation establishes how electronic judicial files work in Honduras. It requires judges, lawyers, and judicial officers to use the digital system to process cases, manage hearings, electronically sign documents, and notify parties. It aims to expedite justice through technology while ensuring security and equal access to legal proceedings.

Considerations

The Constitution of the Republic grants to the Supreme Court of Justice, as the highest body of the Judicial Branch, in its Article 313 numeral 8, among other powers, the faculty to issue its Internal Regulations and other regulations necessary for the fulfillment of its functions.

That constitutional Article 303, in one of its parts establishes that the power to administer justice emanates from the people and is administered free of charge in the name of the State, by independent magistrates and judges, solely subject to the Constitution and the Laws.

That it is necessary that there exist a legal instrument regulating the use of new technologies in the Administration of Justice, whose main objectives shall be: first, to update the content of the fundamental right to judicial proceedings without undue delays, thanks to the speed that the use of technologies in communications permits; second, to generalize the use of new technologies for justice operators and users of the system; and, third, to define in a norm with legislative rank the set of minimum requirements for interconnection, interoperability, and security necessary for the development of judicial processes in electronic form, in order to guarantee security in data transmission and all other requirements contained in the procedural laws.

That the Full Body of the Supreme Court of Justice, in point number 5 of Minutes No. 02-2020, from the session held on January 16, 2020, approved the Preliminary Bill on Electronic Management of Judicial Proceedings and which was delivered to the National Congress, likewise approved by Decree 146-2020 and published in the Official Gazette La Gaceta, on November 11, 2020. In accordance with the provisions of Article 53 of said law, the Supreme Court of Justice issues this regulation for the use of the electronic judicial file, digital or electronic signature, electronic address, and other matters related to the Electronic Judicial File System (SEJE). This Full Body of the Supreme Court of Justice, in exercise of its constitutional power to direct the Judicial Branch in the power to administer justice, established in numeral 1 of Article 313 of the Constitution of the Republic and other legal and regulatory provisions, issues the following: REGULATION OF THE LAW ON ELECTRONIC MANAGEMENT OF JUDICIAL PROCEEDINGS.

Articles

Article 53.-

of said law, the Supreme Court of Justice issues this regulation for the use of the electronic judicial file, digital or electronic signature, electronic address and other matters related to the Electronic Judicial File System (SEJE). Operative Part This Full Court of the Supreme Court of Justice, exercising its constitutional authority to direct the Judicial Branch in the power to administer justice, established in numeral 1 of article 313 of the Constitution of the Republic and other legal and regulatory provisions, issues the following: REGULATION OF THE LAW ON ELECTRONIC MANAGEMENT OF JUDICIAL PROCESSES TABLE OF CONTENTS TITLE I - GENERAL PROVISIONS CHAPTER I - OBJECT AND SCOPE CHAPTER II – USE AND ACCESS TO THE SYSTEM, UNIQUE PASSWORD AND SECURITY CHAPTER III - VISUALIZATION AND RESERVATION OF INFORMATION

TITLE II - FORMATION OF THE ELECTRONIC JUDICIAL FILE CHAPTER I - INITIATION OF PROCEEDINGS AND RANDOM ASSIGNMENT TITLE III – MANAGEMENT OF THE ELECTRONIC JUDICIAL FILE CHAPTER I - SUBMISSION OF PLEADINGS AND OTHER DOCUMENTS CHAPTER II - CONTROL OF ENTRIES AND DATA REGISTRATION CHAPTER III - DIGITAL OR ELECTRONIC SIGNATURE CHAPTER IV - ELECTRONIC MANAGEMENT OF HEARINGS CHAPTER V - JUDICIAL RESOLUTIONS AND ELECTRONIC COMMUNICATION PROCEEDINGS CHAPTER VI - ARCHIVE AND RECONSTRUCTION OF THE ELECTRONIC JUDICIAL FILE TITLE IV - RELATIONSHIP BETWEEN JUDICIAL BODIES, NATIONAL AND FOREIGN TITLE V - COMPLEMENTARY PROVISIONS REGULATION OF THE LAW ON ELECTRONIC MANAGEMENT OF JUDICIAL PROCESSES TITLE I GENERAL PROVISIONS CHAPTER I OBJECT AND SCOPE

Article 1.-

Object. The purpose of this regulation is to establish guidelines regarding the formation, processing, execution and archiving of the Electronic Judicial File, in accordance with the provisions of the Law on Electronic Management of Judicial Processes, as well as its progressive implementation in all judicial bodies of the country.

Article 2.-

Scope. The provisions contained in this Regulation are of national scope and are mandatory for all jurisdictional bodies of the Judicial Branch and parties involved in a proceeding. The jurisdictional bodies in which the Electronic Judicial File System (SEJE) is implemented shall be obligated to use said digital management system for the processing of all jurisdictional cases within their knowledge.

Article 3.-

Electronic Judicial File. The electronic judicial file shall be comprised of the proceedings and judicial resolutions, documents and files generated digitally, recorded through procedures and electronic communications made from the SEJE by judicial officials and servants, private and public attorneys, solicitors, prosecutors of the Public Ministry, as well as documents of third parties with handwritten signature digitalized and incorporated from the electronic judicial office. All digital documents generated in the processing of the file and the natural or legal persons involved, through their internal and external usernames, shall be duly registered in the system, linked to the electronic judicial file and may be consulted by the parties through the SEJE, under the technical guidelines specified in this regulation.

Article 4.-

Terminology: Without prejudice to the definitions established in existing codes, laws and regulations, and for the purposes of this regulation, all terms listed in this article shall have the following meaning: Digital Certificate: An electronic file, assigned to a user, that contains a digital identity certificate, to operate as an Advanced Electronic Signature. Electronic mail: Network service that allows users to send and receive messages quickly through electronic communication systems. Digitalized: Refers to the process of converting information such as texts, images or sounds, to a digital format for handling in computer systems. Electronic documents: Information of any nature in digital format for management in computer systems, which has probative validity equivalent to those managed in writing. Electronic address: Personal email address, registered by natural and/or legal persons, through which the procedural parties involved in a judicial proceeding may notify, communicate and exchange electronic information. Electronic signature: Set of data in electronic form that are attached to an electronic document or associated in a logical manner to the same, and which can be used as a means of unequivocal identification of the signatory. Being susceptible to verification by third parties. Groups in condition of vulnerability: Those persons are considered as groups in condition of vulnerability who belong to groups that, by reason of their age, gender, physical or mental condition, sexual preferences, or by social, economic, ethnic and/or cultural circumstances, among others, encounter special difficulties in fully exercising their inherent rights before the justice system. Multimedia files: They refer to all those objects that make use of multiple means of expression to present information. Such media may be images, sounds, videos, animations, among others. Electronic Judicial Office: It is the single point of access to the Electronic Judicial File System (SEJE), for purposes of online consultation or sending and receiving of pleadings and documents, which may be accessed through the Institutional Web Portal of the Judicial Branch. SEJE: Electronic Judicial File System. Users: It refers to every judicial official or natural person who, in their own representation, of third parties, or of any public or private institution makes use of the Electronic Judicial File System. CHAPTER II USE AND ACCESS TO THE SYSTEM, UNIQUE PASSWORD AND SECURITY

Article 5.-

Availability of service. The Electronic Judicial File System (SEJE) shall be available twenty-four hours, every day of the year, except for periods designated for update tasks or technical maintenance that shall preferably be performed during non-business hours.

Article 6.-

Mandatory use of the System. Jurisdictional proceedings shall be processed through the Electronic Judicial File System (SEJE); for this reason, Magistrates, Judges, Public Defenders and other judicial officials and servants, as well as Public Ministry Prosecutors and attorneys in the public or private exercise of the profession, have the obligation to use it in accordance with what is established in the procedural laws of the Republic and this Regulation.

Article 7.-

Interruption of the computer system. In cases of interruption of the computer system, the obligations imposed in this regulation shall be fulfilled once the service is restored, whether during business hours or non-business hours if necessary. During the interruption, urgent procedural acts may be performed on paper support and subsequently, shall be incorporated into the computer system once the service is restored, without exception. In cases of force majeure or fortuity the interested party shall request the postponement of the deadline based on articles 162 of the Criminal Procedural Code and 123 of the Civil Procedural Code and other applicable provisions.

Article 8.-

Unique Access Password to the Electronic Judicial Office. To access the Electronic Judicial Office, it shall be necessary to have an individual or unique user password, which shall be the electronic identity that the citizen, party, procedural representative or intervenor, shall have for the performance of their procedures in the referred computer system.

Article 9.-

Creation of the unique password. To create the unique password, the procedural parties shall present themselves at the user registration offices located in the secretariat of each judicial office, where general data, electronic address, copy of the national identification document and current professional association card shall be requested. Once the attorney registration form is completed, the respective message shall be sent to their electronic address, for purposes of confirming their data. The attorney must access their email to confirm the registration request and create their password. Once their password is created, the process of creating the unique access password to the system is completed.

Article 10.-

Unique password for judicial officials and servants: The password for the use of the Electronic Judicial File and the advanced signature by judicial officials and servants of the jurisdictional bodies, which must be secret and maintained by the holder under his exclusive responsibility.

Article 11.-

Electronic address. The electronic address is the place where judicial communication acts may be received electronically through the SEJE.

Article 12.-

Constitution of electronic address. The procedural parties that exercise procuration acts in the jurisdictional bodies, in order to create their account in the SEJE, shall have the obligation to designate their electronic address, which shall be a personal email address to which the communication acts ordered by the judge or court shall be sent, for all cases in which they have or come to have procedural representation.

Article 13.-

User responsibility. The unique access password to the SEJE is personal, non-transferable and for exclusive use of its holder. The protection and confidentiality of its username and password is entirely the responsibility and safeguard of the user, and is strictly prohibited its disclosure to third parties. The use of a username constitutes a sworn statement of conformity with the correct use of the system and the truthfulness of all digital submissions made, which shall be recorded and shall sign a document relating to the proper use of the unique password of the system.

Article 14.-

User blocking. In cases where actions are detected that generate suspicions of hacking of the individual or unique user password for access to the Electronic Judicial File System (SEJE), for security purposes, temporary blocking of the user shall take effect. When this occurs, an email shall be automatically sent to the electronic mail address declared to the Judicial Branch, through which notice of the situation generated shall be given, communicating to the holder to perform the pertinent procedure in order to restore the use of their personal user. The proven non-compliance with security measures by the user, which results in the intrusion of an unauthorized third party, damage to computer equipment and/or the alteration of the content of any judicial file, shall result in the deduction of penal, civil and/or administrative responsibility as appropriate.

Article 15.-

Restrictions on the Single Key. The Single Key may be suspended and/or cancelled; it shall be suspended in the following cases: For Users who are Parties Intervening: a) In the case of suspension of professional practice ordered by competent Authority; and, b) When they have ceased to be party to the proceeding, for any of the circumstances established in the Laws. For Judicial officials and servers. a) If the Judicial official or server is involved in a change of position within the institution, in a department that does not use SEJE; and, b) If the Judicial official or server is involved in a work absence due to vacation, incapacity, leave with or without pay, disciplinary suspension. It shall be cancelled in the following cases: For Users who are Parties Intervening: a) When it is determined by final criminal conviction. For Judicial officials and servers. a) In the event that the service relationship between the Judicial Branch of Honduras and Judicial officials and servers is terminated, duly certified by the Personnel Administration Directorate of the Judicial Career for the revocation of the user account in question, as well as all services and profiles associated with that user; and, b) When it is determined by final criminal conviction. The foregoing without prejudice to any other grounds indicated by law and/or other regulations issued by the Supreme Court of Justice.

Article 16.-

Disabling of Single Key. When long periods of inactivity within SEJE are determined, the single key shall be temporarily disabled; and it shall be enabled at the sole request or activity of the interested user, after verification of their status in the proceeding.

Article 17.-

The linkage to the Electronic Judicial File permits the attorney to have access to a file when he or she is the representative of the procedural party thereto, which shall allow the filing of documents, consultation of hearing schedules and receipt of electronic notifications; the linkage or delinkage is carried out by the General Secretary or whoever performs the functions in the corresponding judicial body.

Article 18.-

Improper or inadequate use of SEJE, the Electronic Judicial Headquarters, and the information it stores or discloses shall give rise to penal, civil, and administrative liabilities as applicable. All improper actions carried out in SEJE under a user name shall be attributed to the person holding that user account. It is the duty of Judicial Branch officials and servers to file a report with the competent authority. CHAPTER III VIEWING AND RESERVATION OF INFORMATION

Article 19.-

Viewing of Cases. SEJE users may access and view the cases in which they are legitimate procedural parties and to which they have been linked according to registration in the aforementioned computer system. This linkage includes the possibility of accessing the text of the actions and resolutions that make up the electronic judicial file, to the extent that by the nature of the proceeding and/or procedural stage and/or status of the actions, they are not kept secret from the parties or their confidentiality has not been decreed. With the limitations established by law in the corresponding matter.

Article 20.-

Citizen Consultation Portal. The consultation regarding the status of the case and the judicial body shall be available to any person through the file number assigned by the system. The limits on the visibility of information shall be determined by the nature and status of each proceeding, in accordance with current procedural rules.

Article 21.-

Consultation of Electronic Judicial File for Legal Professionals Without Authority. The consultation for legal professionals who are not procedural parties in the case, who have an interest in knowing the details of a particular proceeding, provided they demonstrate justified cause, may be authorized by the competent judicial body for a period of forty-eight hours (48 hrs), which may be extended depending on the complexity of the proceeding, with the limitations established by law and taking into account the nature of each matter; being responsible for the administration of the information at the same level as if they were procedural parties. TITLE II FORMATION OF THE ELECTRONIC JUDICIAL FILE CHAPTER I INITIATION OF PROCEEDINGS AND RANDOM ASSIGNMENT

Article 22.-

Presentation of Initial Document. All filing of judicial cases must be generated and presented through the Electronic Judicial Headquarters, which may be accessed through the Institutional Web Portal of the Judicial Branch. All initial documents must be accompanied by the corresponding attachments in digital format, in accordance with the manner of filing established in Article 18 of this Regulation. To guarantee the integrity and authenticity of documents incorporated electronically, they must be digitally signed, without exception, in accordance with what is established in Articles 40 and 42 of this Regulation.

Article 23.-

Impossibility of Using the Digital System. Judicial proceedings may be processed in paper format only exceptionally, by those procedural subjects who lack the necessary means to use the digital system or for any of the reasons of recognized vulnerability that impede the use of the digital system. For this purpose, the interested party must submit the respective request to the competent judicial body, and must demonstrate the reasons that prevent them from using the digital system. This request must be resolved and notified within three (3) business days following its date of presentation. The decision adopted must be reasoned and may be appealed.

Article 24.-

Random Assignment of the Case. The Electronic Judicial File System (SEJE) shall proceed to assign the case in a random manner. TITLE III MANAGEMENT OF THE ELECTRONIC JUDICIAL FILE CHAPTER I PRESENTATION OF DOCUMENTS AND OTHER DOCUMENTS

Article 25.-

Presentation of Documents. Documents and other papers that must be incorporated into a particular judicial proceeding shall be presented and received electronically through SEJE, in accordance with the formats and sizes permitted by the platform.

Article 26.-

As sole exceptions, judicial bodies shall receive documents in paper format in the following cases:

  • a)

    When there is authorization to process the judicial proceeding in paper format;

  • b)

    When cash is deposited;

  • c)

    When the documents to be presented are judicial or extrajudicial executive titles, or others that, by their nature and function in the judicial proceeding, must remain in the custody of the judicial body; Such documents shall remain under the custody and responsibility of the judicial body. These must be scanned for incorporation into the electronic judicial file, unless this procedure could damage the physical document. d. When, due to the particular characteristics of the document to be presented, due to its large volume or its illegibility, its presentation in digital format is not technically feasible; e. When it is a means of proof that must be presented or practiced at a hearing; f. When the situation contemplated in Article 49 of the Law on Electronic Management of Judicial Proceedings occurs; and, g. When, due to other exceptional circumstances, in the opinion of the judge or court, its electronic presentation would not be possible.

Article 27.-

Presentation and Return of Physical Documents. Physical documents presented before the judicial body for incorporation into SEJE shall be scanned by the judicial secretary. If legally appropriate, after digitization, they shall be returned to whoever presented them. Once the original of a digitized document is returned, the party and their procedural representative must keep it and preserve it until the end of the proceeding; who, under responsibility, must present it when requested by the judge or court that is hearing the case. The partial and/or total altered presentation or non-presentation on the date indicated by the judge or court shall give rise to the application of the enforcement measures provided for in the law of the matter in question. The Judicial Secretary shall issue a certification stating that the returned document has been delivered, with all its characteristics and the designation of who is responsible for its custody.

Article 28.-

Conformity with Document Digitization. If the presenting party considers that the digitized information is not accurate with respect to the physical documentation presented, it may file observations before the corresponding judicial body, within the period of three (3) days following its availability in the system, for the purpose of its correction. The failure to file observations within the period indicated above shall imply conformity with the digitization.

Article 29.-

Access to Electronic Judicial Headquarters. The presentation of documents or any transaction before judicial offices must be carried out electronically through the Electronic Judicial Headquarters, prior to accreditation in the Single Registry of Attorneys of SEJE, which is found on the official website of the institution: https://www.poderjudicial.gob.hn.

Article 30.-

Method of filing documents. Briefs and other documents submitted to the electronic platform of the Electronic Judicial Headquarters shall be filed in pdf format (acronym for Portable Document Format) of up to 5 MB in size. Once the file is selected, the system presents it to the user for verification. If the file exceeds the maximum accepted size, the user is alerted and instructed to upload a valid file. When, due to the inherent characteristics of the documents, their digitalization would not be possible, they exceed the maximum size admitted on the electronic filing platform, due to illegibility or any other reason, they may be presented directly before the corresponding judicial body for the adoption of the pertinent protective measures.

Article 31.-

Hours for submission of electronic and physical documents. The submission of electronic briefs and documents may be carried out every day of the year, between 00:00:00 and 23:59:59 hours, through the Electronic Judicial Headquarters.

Article 32.-

Validity of documents filed in the electronic case file. The documents that make up the electronic judicial case file, for their validity, must be signed with the digital signature of the interested party, its attorney and/or the person authorized to certify the authenticity of its digitalization, as applicable.

Article 33.-

Relocation of briefs and documents. Briefs and documents that have been erroneously accepted in an electronic judicial case file shall be relocated to the corresponding file through the Electronic Judicial Case System (SEJE). CHAPTER II CONTROL OF FILINGS AND DATA REGISTRATION

Article 34.-

Control of filings. Judicial Secretaries have the obligation to daily control the filing of briefs in the SEJE by the petitioners, ensuring their timely registration, especially when they contain requests for enabling of non-business days and hours. Procedural deadlines shall be counted from the date stamp or sending, so the acceptance in the computer system of a document or case file does not affect such computation.

Article 35.-

Electronic date stamp. The date of submission of the electronic brief granted by the system shall constitute the electronic date stamp that shall replace the manual receipt. If the submission is made on a non-business day and hour, it shall be considered entered into the system as of the first hour of the following business day.

Article 36.-

Data registration in the system. The daily and continuous loading and control of information in the SEJE of everything produced in each judicial body is mandatory practice. The officials and civil servants responsible for each judicial office shall ensure and control the complete and self-sufficient loading of data in the electronic judicial case file, so that it contains all proceedings and case management, digitally signing those in which they intervene. Special attention shall be paid to the correct loading of data of all subjects involved in electronic judicial case files, with their unequivocal identification data, as well as the data of electronic addresses constituted in the case file. Judicial Secretaries, as applicable, shall be responsible for maintaining current data loading in the computer system in their respective judicial bodies, and for ensuring the correct linking of the parties to enable the visualization of cases through the SEJE.

Article 37.-

Validity of case certificates. The certificates of data and case movements contained in the SEJE shall be considered valid without the need for support in paper format. The certificates that are regularly recorded in the Registration Books kept by the judicial bodies shall be replaced by the information that emerges from the electronic judicial case file. CHAPTER III DIGITAL OR ELECTRONIC SIGNATURE

Article 38.-

Definition and classification. Electronic signature is understood as the manner of signing electronic documents, having the same value as the handwritten signature. The digital signature may be simple or advanced; simple, the one that will allow identifying a user with his unique key; and advanced, the one that will be used for the signing of judicial resolutions and other proceedings of equal nature.

Article 39.-

Digital signature of electronic judicial resolutions. The Judicial Branch shall design and adapt a digital signature infrastructure that ensures and certifies the signing of judicial resolutions and proceedings, guaranteeing its authorship, authenticity, and integrity.

Article 40.-

Electronic signature for filing of briefs. For the signature of submissions of briefs by private attorneys, solicitors, and public prosecutors, the user name and personal password shall be used, added to other data linked to his registered user profile, data calculated when validating the integrity of the documents and attached files he submits, giving them the character of Electronic Signature of the user to sign his digital submissions of briefs and digital documents. When the user chooses the option to send the digital brief, the system shall take all relevant data from the brief or submission such as date, time, user, text of the brief, name and content of the attached documents.

Article 41.-

Advanced signature of magistrates, judges, and other judicial officials. To sign digital documents of notification documents, minutes, resolutions, sentences, and communications of attached files in PDF format, magistrates, judges, and other judicial officials have digital certificates, which do not require the use of Tokens, as they are available through the SEJE.

Article 42.-

Electronic signature of the litigating attorney. The unique user key and its password, together, shall be equivalent to the electronic signature of the litigating attorney; therefore, the proceedings carried out from his account shall have the legal effects established by law.

Article 43.-

Signature of proceedings, documents, and briefs. Proceedings, briefs, and documents incorporated into the Electronic Judicial Case System (SEJE) shall be signed by means of digital or electronic signature. The following are exempt from the foregoing provision:

  • a)

    Notification documents that should not be made to an electronic address and are carried out in paper format;

  • b)

    Documents that are intended for or come from subjects not obligated to use the SEJE; and, c. Other documents that come from SEJE users and that by their nature cannot be incorporated by means of electronic or digital signature.

Article 44.-

Validity of digital or electronic signature. Documents subscribed by means of digital or electronic signature shall have equal value and effect as their equivalents signed in manuscript.

Article 45.-

Required Signature. When a legal norm requires the presence of a signature, both digital or electronic signatures and handwritten signatures shall be recognized equally. CHAPTER IV ELECTRONIC MANAGEMENT OF HEARINGS

Article 46.-

Hearing Management Module. The Electronic Judicial File System (SEJE) shall have a hearing management module, which must always be incorporated into the respective electronic folder so that it is available to the parties and their legal representatives. This module shall have the capacity to manage in-person or virtual appearances, and likewise shall have an electronic calendar, which shall be available to the public on the Institutional Web Portal of the Judicial Branch.

Article 47.-

Hearing Minutes. When a hearing is documented in multimedia files, it shall be digitally signed. The multimedia file must be incorporated into the Electronic Judicial File System (SEJE) as an action of the electronic file, together with the digitally signed minutes. In other cases, the minutes of the hearings shall be prepared in the Hearing Management Module of the Electronic Judicial File System (SEJE) and shall be signed electronically. CHAPTER V ELECTRONIC JUDICIAL RESOLUTIONS AND COMMUNICATION ACTS

Article 48.-

Effectiveness of Electronic Judicial Resolutions. Judicial resolutions issued electronically shall have identical legal effect as their equivalent in paper format.

Article 49.-

Notification Management Module. The Electronic Judicial File System (SEJE) shall have a notification management module, used to send electronic notifications to the electronic addresses established by users.

Article 50.-

Mandatory Use of the Notification Management Module. The Notification Management Module is mandatory for all cases processed through the Electronic Judicial File System (SEJE). All notifications that according to applicable laws must be made to the electronic address established shall be made through the Notification Management Module. Notifications that according to the regulations must be made personally at the party's domicile shall continue to be effected on paper support, with the court having to guarantee its visibility in the Electronic Judicial File System (SEJE) in digital format.

Article 51.-

Form of Electronic Notification. Electronic notifications shall be made to the electronic address established. It shall be understood that the party, legal representative, or intervening party has been duly notified when said procedural management system confirms to the judicial body the sending and receipt of the message. Time periods shall be computed according to applicable procedural rules.

Article 52.-

Electronic Notification Certificate. The electronic notification certificate must respect in terms of its format and content the provisions in effect in the applicable Procedural Codes. The sending of the notification must be effected once the resolution ordering it is digitally signed and published.

Article 53.-

Certificate on Paper Support. When, due to it being a case in which the management of the judicial process in paper format is authorized, or due to reasons of force majeure or unforeseeable circumstances, a notification cannot be made through the Electronic Judicial File System (SEJE), this procedural act may be practiced according to common or ordinary procedural rules, with the physical document being digitalized thereafter.

Article 54.-

Minutes of Summons, Notifications, and Demands. With respect to summons, notifications, demands, and other communication acts, the judicial secretaries and receivers shall add to the electronic folder of the judicial file, in digitalized form, the minutes that they have prepared for that purpose. Likewise, this shall be done in the case of inspections or judicial examinations, attachments, or other procedural actions that must be performed outside the judicial office.

Article 55.-

Official Communications Processed by the Procedural Parties. In the case of official communications that have been generated on paper support, the authorized users for their processing shall enter the response of the recipient into the file through the electronic filing procedure. CHAPTER VI FILING AND RECONSTRUCTION OF THE ELECTRONIC JUDICIAL FILE

Article 56.-

Filing. The Judicial Branch shall preserve and file all electronic judicial files on electronic support, with the necessary security guarantees, applying the current criteria and standards for documentary management and digital filing.

Article 57.-

Reconstruction of the Electronic Judicial File. If for any reason the computer system is damaged, affecting the content of the electronic judicial file, the judge or court shall order its reconstruction, ex officio or at the request of a party, with the files that exist in the databases of the Judicial Branch. If there are no files, it shall obtain them from whoever has them, proceeding in this case in accordance with the provisions in the procedural rules that regulate the matter in question. TITLE IV RELATIONSHIP BETWEEN JUDICIAL BODIES, NATIONAL AND FOREIGN

Article 58.-

Relationship Between National and Foreign Judicial Bodies. For the processing of electronic judicial proceedings in various jurisdictional bodies, whether by reason of functional competence, judicial assistance, or international judicial cooperation, the technological capabilities and limitations of the involved judicial offices must be taken into account. In exceptional cases, when use of the Electronic Judicial File System (SEJE) cannot be made, the information shall be forwarded or shared by analogous electronic means or others that guarantee its access, identity, preservation, and integrity.

Article 59.-

Physical Testimony of the Electronic Judicial File. The forwarding of an electronic judicial file to a jurisdictional body that, for reasons of an exceptional nature, does not have access to technological means, shall be done in printed and certified form by the secretary of the corresponding court or tribunal, or by the authorized judicial officer in case it is in an inactive file. TITLE V SUPPLEMENTARY PROVISIONS

Article 60.-

In-Person Appearance. The judicial organs may require the appearance of the person intervening in the process when there are reasons to presume the alteration or falsity of the act or proceeding.

Article 61.-

Failure of Technological Means. In case of serious technical problems that prevent transmission and do not depend on the will of the party or legal professional, such as lack of electrical power or similar circumstance, it must be demonstrated or verified and the proceeding shall be presented for evaluation by the judicial organ.

Article 62.-

Cases of Urgency. In cases of urgency in which the indicated user persons require a prompt response from the judicial office, they may appear before it and present the corresponding written document, invoking the technical problem and the reasons for urgency; this must be demonstrated and the proceeding shall be presented for evaluation by the judge.

Article 63.-

Operational Maintenance of the System. The Information Technology Directorate shall carry out the necessary activities for the correct functioning of SEJE, for its review, improvement, and for the resolution of technical incidents that arise and prevent the application of the provisions of the Law on Electronic Management of Judicial Processes and this Regulation.

Article 64.-

Use of Technological Means. Judicial offices with judicial management on paper support shall prioritize the resource of digitalization through scanning, over that of printing, when they must issue certificates or certifications of documents intended for electronic judicial offices.

Article 65.-

Unforeseen Cases. Any circumstance not provided for in this regulation shall be resolved by the competent judicial organ, observing the principles of legality, urgency, reasonableness and viability, in exceptional cases by the Plenary of the Supreme Court of Justice within the Framework of the Constitution, international treaties and applicable Laws.

Article 66.-

Effectiveness. This Agreement is issued in compliance with the provisions of Point 4 of the Minutes 7 of the session held on February 7, 2022, by the Plenary of the Supreme Court of Justice, and shall be published in the Official Gazette La Gaceta, becoming effective the day following its issuance; likewise, it shall be disclosed on the Institutional Web Portal of the Judicial Branch and other official channels. Communicated _______________________________________ ROLANDO EDGARDO ARGUETA PÉREZ Magistrate President ___________________________________ REINA MARÍA LÓPEZ CRUZ General Secretary

Notes

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