Law on Electronic Management of Judicial Proceedings

The purpose of this Law is to improve and facilitate the right of access to justice, for the benefit of the population inhabiting the territory of the State, through the use of technologies via the Electronic Judicial Case Management System (SEJE), for the management of judicial processes, strengthening the standards of security, transparency and availability of cases, reducing the time and costs of litigation and processing, contributing to the preservation of the environment.

The provisions of this Law are of public order and shall be applied progressively and without any distinction to all types of judicial processes in all matters and at all levels of functional competence, and must be adapted to the particularities of each jurisdiction that comprises the Honduran justice system, in accordance with the provisions that, as established in Articles 53 and 54 of this Law, the Supreme Court of Justice (CSJ) shall issue. SECTION II PRINCIPLES

Every electronic judicial process shall be developed with absolute observance of the provisions established in the Constitution of the Republic and the Law, with full respect for all principles of procedural law, especially those of natural judge, due process, defense, equality, impartiality, procedural good faith, orality, publicity, immediacy, expedience and concentration.

The electronic management of judicial activity shall respect the fulfillment of the formal and material requirements established in procedural rules.

In addition to the principles stated above, the following principles shall also be applicable for the electronic management of judicial processes:

• 1)

  Principle of Functional Equivalence of Electronic Media: All procedural acts managed through the Electronic Judicial Case Management System (SEJE) shall produce the same effects and shall have the same legal and evidentiary validity as procedural acts managed in paper format;

• 2)

  Principle of Interoperability and Technological Neutrality: The aforementioned computer system for procedural management of the Judicial Branch shall be based on international standards and be compatible with any technology that is known or may come to be known, in pursuit of technological neutrality and its accessibility; and, 3. Principle of Fidelity, Availability and Unalterability of Information: The procedural acts shall be preserved in the Electronic Judicial Case Management System (SEJE), in such a manner that their fidelity and availability at all times are guaranteed, ensuring their integrity, without any possibility of manipulation or alteration.

When the procedural regulations of the country refer to the physical presentation, or in paper format, of written documents and to the personal appearance of one or more of the procedural parties, for the purposes of this Law it shall be understood that such presentation and appearance must be made by electronic means. The foregoing is without prejudice to those cases in which the Constitution of the Republic and the Law require a formality that is not susceptible of being fulfilled through electronic means, the personal, non-virtual, appearance is required of the person who must intervene in the procedural act, or it is a matter of original documents that must be presented as evidence at a hearing.

Courts and tribunals must guarantee the rights of access to information and justice of persons who find themselves in a situation of disadvantage regarding the use of technology and of the beneficiaries of the Brasilia Rules on Access to Justice for Persons in Vulnerable Conditions, adopted in the framework of the Ibero-American Judicial Summit; and, for this reason, under no circumstances shall the use of technology become a barrier or obstacle to the exercise of the aforementioned rights. SECTION III ELECTRONIC SECURITY POLICIES

The system by which jurisdictional cases are managed electronically must have the necessary security measures to guarantee the unalterability of judicial processes and the consultation of their status at all times and from any location.

The electronic means of storage of documents and procedural acts must have security measures that guarantee the integrity, authenticity, confidentiality, quality, protection and preservation of the stored information and must comply with the requirements that ensure compatibility with other computer systems.

The Judicial Branch, for the purpose of guaranteeing the correct electronic management of all judicial processes, when establishing its electronic security policies, must take into account the following elements:

• 1)

  Integral security, from the perspective of a process consisting of the organizational, normative, human and technical elements related to the digital system referred to in this Law;

• 2)

  Risk management, as a process to guarantee information security;

• 3)

  Prevention, detection, reaction, correction and recovery, as processes supporting information security;

• 4)

  Levels of information security, understood as layers of security that allow for more adequate incident management;

• 5)

  Periodic reevaluation of existing security measures, to adapt their effectiveness to the constant evolution of risks, technology and protection systems; and, 6. The establishment of an organizational structure where the figures of information officer, security officer and service officer are identified. The electronic security policies of the Judicial Branch shall be considered as confidential information and, therefore, their access shall be restricted. CHAPTER II ELECTRONIC JUDICIAL CASE MANAGEMENT SYSTEM SECTION I ELECTRONIC JUDICIAL CASE FILE

The electronic judicial case file is understood as the set of procedural acts, documents and other digital files associated with a particular jurisdictional case, whatever the type of information it contains and the format in which it has been generated, which are stored in an electronic folder, to which access is obtained through an account registered in the electronic procedural management system of the Judicial Branch.

The electronic folder referred to in the preceding Article shall have recorded and preserved in successive order in accordance with the date of presentation or verification, the written documents, documents, resolutions, hearing records and proceedings of all kinds that are presented or verified in the judicial process.

The electronic judicial case management system must ensure user identification, access control and compliance with the guarantees provided in national legislation on data protection; likewise, it must have suitable mechanisms that allow unrestricted access to users who find themselves in some situation of vulnerability that prevents them from accessing the system; in the same manner, it shall allow the exchange of information between judicial bodies for the better performance of their functions. SECTION II MANDATORY USE OF THE SYSTEM

Jurisdictional processes shall be processed through the Electronic Judicial Case Management System (SEJE), for which reason, Magistrates, Judges, Public Defenders and other judicial officials and employees, as well as Prosecutors of the Public Ministry and Lawyers in the public or private exercise of the profession, have the duty to use it.

The jurisdictional bodies in which the Electronic Judicial Case Management System (SEJE) is being implemented have the obligation to, henceforth, use said digital management system for the processing of all jurisdictional cases they know of.

The submission of written pleadings and other documents, the issuance of judicial resolutions, notifications, and all other procedural acts that are carried out in jurisdictional proceedings, must be recorded in the Electronic Judicial Case File System (SEJE), for their backup and preservation, producing the same effects and having probative validity equivalent to those managed in paper format.

Judicial proceedings may be processed in paper format only exceptionally, by those procedural subjects who lack the necessary means to use the aforementioned digital system. For such purpose, the interested party must submit the respective request before the competent judicial body, and must accredit the reasons that prevent them from using the digital system. This petition must be resolved and notified within three (3) business days following its date of submission. The decision adopted must be reasoned. SECTION III RIGHTS OF USERS

Users of the Electronic Judicial Case File System (SEJE) have the following rights:

• 1)

  To free use and access under conditions of equality, to exercise the constitutional and legal rights pertinent in each judicial proceeding that is conducted before the various jurisdictional bodies of the country;

• 2)

  To know the status of processing of cases in which they are legitimate procedural parties, based on the procedural regulations of each matter;

• 3)

  To obtain digital copies of electronic documents that form part of judicial proceedings in which they have the status of procedural party or can accredit legitimate interest, in the terms established by the laws of the Republic;

• 4)

  To the preservation in electronic format, by the Administration of Justice, of the electronic documents that form part of a jurisdictional case file;

• 5)

  To guarantees of security and confidentiality of personal data that appear in the Electronic Judicial Case File System (SEJE); and, 6. To the use of electronic means in a manner that does not generate defenselessness. SECTION IV ELECTRONIC JUDICIAL OFFICE

The Electronic Judicial Office is the single point of access to the Electronic Judicial Case File System (SEJE), for purposes of online consultation and sending and receiving written pleadings and documents, which may be accessed through the Institutional Web Portal of the Judicial Branch. SECTION V UNIQUE SYSTEM ACCESS KEY

To access the Electronic Judicial Case File System (SEJE), it is necessary to have an individual or unique user key, which is the electronic identity that the citizen, party, procedural representative, or participant will have for conducting their proceedings in the aforementioned computer system. Such key must be requested, in person, at the user registration offices that the Judicial Branch has at the national level, where in addition to the user key, an account activation code will be provided. With this activation code, the user will create their account; and once created, will enter a password that they may modify as many times as desired, to ensure that it is only known by the user.

Users of the Electronic Judicial Case File System (SEJE) must use with due diligence the access granted to the system and must not facilitate their user key and password to other persons.

The proven non-compliance with security measures by the user, which results in transmission to an unauthorized third party, damage to computer equipment and/or alteration of the contents of a judicial case file, will result in the imposition of administrative, civil, and/or criminal liability, as applicable.

Courts and tribunals must have kiosks for users to access the Electronic Judicial Case File System (SEJE), whether for purposes of online consultation or for the submission of written pleadings and other electronic documents. SECTION VI ELECTRONIC DOMICILE

The attorney who exercises acts of legal representation before jurisdictional bodies, in order to create their account in the Electronic Judicial Case File System (SEJE), has the obligation to designate their electronic domicile, which shall be an email address to which notifications issued by the judge or tribunal will be sent, for all cases in which they have or may have procedural representation.

With the designation of electronic domicile, there is a waiver of any other form of notification established in the matter governing the specific case. SECTION VII DIGITAL OR ELECTRONIC SIGNATURE

Electronic signature shall be understood as the manner of subscribing electronic documents, having the same value as a handwritten signature. Digital signature may be simple or advanced; simple signature shall be that which permits identifying a user by their unique key; and advanced signature shall be that which is used for the subscription of judicial resolutions and other acts of similar nature.

The Judicial Branch will design and adapt a digital signature infrastructure that ensures and certifies the subscription of judicial resolutions and acts, guaranteeing their authorship, authenticity, and integrity, in accordance with what is established for such purpose in the Law on Electronic Signatures contained in Decree No. 149-2013 and its amendments.

Magistrates, judges, secretaries, receiving officers, and other officers of justice, as well as public defenders, prosecutors, and other attorneys in the public or private exercise of the profession, are personally responsible for the electronic signature placed at their disposal.

The unique user key and its password, together, shall be equivalent to the electronic signature of the litigating attorney, such that the acts performed from their account shall have the legal effects established in the Law.

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

When a legal norm requires the presence of a signature, both digital or electronic signature and handwritten signature shall be recognized in the same manner. SECTION VIII ELECTRONIC PRESENTATION OF BRIEFS AND OTHER DOCUMENTS

Briefs and other documents that must be incorporated into the judicial process shall be presented and received electronically, through the Electronic Judicial File System (SEJE).

The presentation of briefs and other electronic documents may be made every day of the year, between 00:00:00 hours and 23:59:59 hours.

Physical presentation of briefs and other documents shall only be admitted in the following cases:

• a)

  When authorization exists to process the judicial case in paper format;

• b)

  When cash money is deposited;

• c)

  When the documents to be presented are judicial or extrajudicial enforceable titles, or others that, by their nature and function in the judicial process, must remain in the custody of the judicial body;

• d)

  When, due to the particular characteristics of the document to be presented, its large volume or illegibility, its presentation in digital format is not technically viable;

• e)

  When it concerns evidence that must be presented or produced at a hearing;

• f)

  When the situation contemplated in article 49 of this Law exists; and, g. When, due to other exceptional circumstances, in the judgment of the judge or court, its electronic presentation were not possible.

Judicial and extrajudicial enforceable titles, and other documents that, by their nature, must be presented in physical form, shall remain under the custody and responsibility of the judicial body. These documents must be scanned and digitally signed for their incorporation into the electronic judicial file, unless this procedure could damage the physical document.

If the presenting party considers that the digitalized information is not accurate with the physical documentation presented, it may file observations with the corresponding judicial body within three (3) days following its availability in the system, for purposes of correction. The failure to file observations within the aforementioned period shall imply conformity with the digitalization.

Of every document presented in paper format, a digital copy must also be presented, which shall be verified by the secretary or receiver for its entry into the Electronic Judicial File System (SEJE). If this digital copy is not presented, or if there exists a substantial discrepancy between the digital copy and the document presented in paper format, the judge or court shall order, ex officio or at the request of a party, that the failure to comply with what is referred to herein be remedied, by presenting the corresponding digital copy, within the period for remedying the default established in the matter being addressed, under penalty of having the respective document deemed not presented.

When the presentation is made electronically and it is impossible to access any attached document, or the same is incomplete, the judicial office shall generate a request to remedy said presentation in accordance with the established legal period.

In exceptional cases, when a person has been authorized to manage their judicial case in paper format, due to lacking the necessary means to use the Electronic Judicial File System (SEJE), it shall not be necessary to accompany digital copies. In this case, the briefs and other documents presented in paper format shall be digitalized and entered into the system by the judicial body itself.

When cash money is received, verification of the amount shall be carried out and the corresponding receipt shall be issued, with a record thereof made in the Electronic Judicial File System (SEJE); as well as the breakdown of the series of bills that were presented, when said money must remain in the custody of the judicial body.

Documents that must be kept under the custody and responsibility of the judicial body may not be withdrawn except by persons and in cases expressly contemplated in the Law.

The distribution of new cases may only be made through the random assignment module that shall form part of the Electronic Judicial File System (SEJE). SECTION IX JUDICIAL RESOLUTIONS AND ELECTRONIC NOTIFICATIONS

Judicial resolutions issued electronically have identical legal efficacy as their equivalents in paper format.

The Electronic Judicial File System (SEJE) shall have a notification management module, in which the electronic addresses of all users shall be registered. It shall be understood that the party, procedural 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.

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

With respect to summonses, service of process, and requirements, judicial secretaries and process servers must add in digital form to the electronic case folder the certificate of process that they have prepared. The same procedure shall be followed in the case of inspections or judicial examinations, attachments, or other procedural actions that must be carried out outside the judicial office. SECTION X ELECTRONIC MANAGEMENT OF HEARINGS

The Electronic Judicial Case System (SEJE) shall have a hearing management module, which must always be incorporated into the respective electronic case folder so that it is available to the parties and their legal representatives. This module must have the capacity to manage in-person and virtual appearances, and shall likewise have an electronic calendar that will be available to the public on the Institutional Web Portal of the Judicial Branch. SECTION XI RELATIONSHIP BETWEEN JUDICIAL, NATIONAL AND FOREIGN BODIES

For the processing of electronic judicial proceedings in various jurisdictional bodies, whether due to functional jurisdiction, judicial assistance, or international judicial cooperation, the technological facilities and limitations of the judicial offices involved must be taken into account. In exceptional cases, when the Electronic Judicial Case System (SEJE) cannot be used, the information must be sent or shared by analogous electronic means or others that guarantee its access, identity, preservation, and integrity.

The transmission of an electronic judicial case 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 judicial officer authorized in case the same is in an inactive archive.

Offices with judicial management in paper format must prioritize the resource of digitalization through scanning, over that of printing, when they must issue testimony or certification of documents intended for electronic judicial offices.

Courts and tribunals may require the physical appearance of a person when there are reasons to presume the alteration or falsity of the act or proceeding.

Public and private institutions must cooperate with the Judicial Branch in order to guarantee easy exchange of information and access to services through digital means, for the proper functioning of the Electronic Judicial Case System (SEJE). For the same purpose, the Judicial Branch must keep its computer systems updated.

The Supreme Court of Justice (CSJ) is authorized to regulate the use of the electronic judicial case file, digital or electronic signature, electronic domicile, and other matters related to the Electronic Judicial Case System (SEJE), within the framework of what is established in this Law, the Law on Electronic Signatures, and other applicable legal provisions.

The Full Court of the Supreme Court of Justice (CSJ) shall determine the manner in which the Electronic Judicial Case System (SEJE) will be gradually implemented in all jurisdictional bodies of the country; and for this implementation process, it shall establish a National Coordinating Commission and eighteen (18) Departmental Committees.

The National Coordinating Commission of the Electronic Judicial Case System (SEJE) shall be comprised of the President of the Supreme Court of Justice who shall serve as General Coordinator, by a Magistrate of the Constitutional Chamber, by a Magistrate of the Criminal Chamber, by a Magistrate of the Labor - Administrative Contentious Chamber, and by a Magistrate of the Civil Chamber. This Commission shall have its Technical Support Team and may call for the establishment of Interinstitutional Technical Committees that it deems necessary for the implementation of the aforementioned case management computer system.

The budgetary provisions that correspond must be made within the General Budget of the Judicial Branch for the purposes of implementation and sustainability of the Electronic Judicial Case System at the national level.

Matters not provided for in this legal instrument shall be resolved discretionally by the Full Court of the Supreme Court of Justice (CSJ), within the framework of the Constitution and the Law.

In case of conflict or contradiction between this Law and other legal norms prior to its entry into force, the provisions contained in this Law shall prevail.

The provisions of this Law shall apply to cases initiated after its entry into force, which shall begin the day following the date of its publication in the Official Gazette "La Gaceta". Done in the city of Tegucigalpa, municipality of the Central District, in the Session held virtually, on the fourth day of the month of November of two thousand twenty. MARIO ALONSO PÉREZ LÓPEZ PRESIDENT JOSÉ TOMÁS ZAMBRANO MOLINA SECRETARY ROSSEL RENÁN INESTROZA MARTÍNEZ SECRETARY To the Executive Branch. Therefore: Execute. Tegucigalpa, M.D.C., November 10, 2020. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICES OF GOVERNANCE, JUSTICE AND DECENTRALIZATION HÉCTOR LEONEL AVALA ALVARENGA