Regulation of the Law on Electronic Management of Judicial Proceedings
Poder Judicial
- Decree: 146-2020
- Published: July 30, 2022
- Issuing body: Poder Judicial
- Gazette: 35,989
- Category: Administrative
Summary
This regulation establishes how Honduras's digital judicial file system will work, allowing lawyers, judges, and citizens to process cases online with electronic signatures instead of paper. All judicial bodies must use this system mandatorily, except in special cases where a person cannot access technology, and digital notifications and court rulings have the same legal value as physical ones.
Considerations
Whereas, 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 others, the faculty to issue its Internal Regulations and other regulations that may be necessary for the fulfillment of its functions.
Whereas, constitutional article 303, in one of its provisions establishes that the power to administer justice emanates from the people and is administered gratuitously in the name of the State, by independent magistrates and judges, uniquely subject to the Constitution and the Laws.
Whereas, it is necessary that there exists a legal instrument that regulates the use of new technologies in the Administration of Justice, whose principal objectives shall be: first, to update the content of the fundamental right to a judicial proceeding without undue delays, thanks to the acceleration that the use of technologies in communications permits; second, to generalize the use of new technologies for justice operators and system users; and, third, to define in a norm with the rank of Law the set of minimum requirements of interconnection, interoperability and security necessary for the development of judicial processes in electronic form, in order to guarantee security in the transmission of data and all other requirements contained in procedural laws.
Whereas, the Plenary Session of the Supreme Court of Justice, in point number 5 of Minutes No. 02-2020, of the session held on January 16, 2020, approved the Draft Law of Electronic Management of Judicial Processes and which was delivered to the National Congress, likewise it was 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).
Articles
of said law, the Supreme Court of Justice issues this regulation for the use of the electronic court file, digital or electronic signature, electronic address and other matters related to the Electronic Court File System (SEJE). Operative Part This Plenary of the Supreme Court of Justice, in exercise of 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 INDEX TITLE I - GENERAL PROVISIONS CHAPTER I - OBJECT AND SCOPE CHAPTER II – USE AND ACCESS TO THE SYSTEM, SINGLE PASSWORD AND SECURITY CHAPTER III - VISUALIZATION AND CONFIDENTIALITY OF INFORMATION
TITLE II - FORMATION OF THE ELECTRONIC COURT FILE CHAPTER I - INITIATION OF PROCEEDINGS AND RANDOM ASSIGNMENT TITLE III – MANAGEMENT OF THE ELECTRONIC COURT FILE CHAPTER I - FILING OF PLEADINGS AND OTHER DOCUMENTS CHAPTER II - CONTROL OF SUBMISSIONS 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 - FILING AND RECONSTRUCTION OF THE ELECTRONIC COURT FILE TITLE IV - RELATIONSHIP BETWEEN JUDICIAL ORGANS, 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
Object. This regulation has as its object to establish the guidelines relating to the formation, processing, execution and filing of the Electronic Court File, in accordance with the provisions of the Law on Electronic Management of Judicial Processes, as well as its progressive implementation in all judicial organs of the country.
Scope. The provisions contained in this Regulation are of national scope and are mandatory for all jurisdictional organs of the Judicial Branch and parties involved in a proceeding. The jurisdictional organs in which the Electronic Court File System (SEJE) is being implemented shall have the obligation, from this point forward, to use said digital management system for the processing of all jurisdictional cases within their knowledge.
Electronic Court File. The electronic court file shall consist of the judicial proceedings and resolutions, documents and files generated digitally, registered through procedures and electronic communications made from the SEJE by judges and court officials, private and public attorneys, agents, Public Prosecutor's Office prosecutors, as well as documents from third parties with handwritten signature digitalized and incorporated from the electronic court office. All digital documents generated in the processing of the file and the natural or legal persons intervening, through their internal and external user names, 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.
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: It is 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 parties to 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 logically associated with it, and that can be used as a means of unequivocal identification of the signatory. Being subject to verification by third parties. Groups in situation of vulnerability: Those persons who belong to groups who, by reason of their age, gender, physical or mental condition, sexual preferences, or by circumstances that are social, economic, ethnic and/or cultural, among others, who find special difficulties in fully exercising their inherent rights before the justice system are considered as groups in situation of vulnerability. Multimedia files: They refer to all those objects that make use of multiple means of expression to present information. Such means may be images, sounds, videos, animations, among others. Electronic Judicial Office: It is the single point of access to the Electronic Court File System (SEJE), for the purposes of online consultation or sending and receiving pleadings and documents, to which access may be gained through the Institutional Web Portal of the Judicial Branch. SEJE: Electronic Court File System. Users: Refers to any judicial official or natural person who, on their own behalf, on behalf of third parties, or of any public or private institution makes use of the Electronic Court File System.
Availability of service. The Electronic Court File System (SEJE) shall be available twenty-four hours, every day of the year, except for periods intended for updating tasks or technical maintenance that will be carried out preferably during non-business hours.
Mandatory use of the System. Jurisdictional proceedings shall be processed through the Electronic Court File System (SEJE); for this reason, Magistrates, Judges, Public Defenders and other judicial officials and employees, as well as Public Prosecutor's Office Prosecutors and attorneys in the public or private exercise of the profession, have the obligation to use it in accordance with the provisions of the procedural Laws of the Republic and this Regulation.
Interruption of the computer system. In cases of interruption of the computer system, the obligations imposed in this regulation must 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 practiced on paper support and subsequently, they must be incorporated into the computer system when service is restored, without exception. In cases of force majeure or fortuity, the interested party shall request the reposition of the deadline based on Articles 162 of the Criminal Procedure Code and 123 of the Civil Procedure Code and other applicable provisions.
Single Access Password to the Electronic Judicial Office. To access the Electronic Judicial Office, it will be necessary to have an individual or single user password, which will be the electronic identity that the citizen, party, procedural representative or intervening party will have for the performance of their procedures in the aforementioned computer system.
Creation of the single password. To create the single password, the parties to the proceeding shall present themselves at the user registration offices located in the secretary of each judicial office, where general information, electronic address, copy of the national identification document and current bar association membership card will be requested. Once the attorney registration form is completed, the respective message will be sent to their electronic address, for the purpose of confirming their data. The attorney shall access their electronic mail to confirm the registration request and create their password. Once their password is created, the process of creating the single password for access to the system is completed.
Single password for judicial officials and employees: The password for the use of the Electronic Court File and advanced signature by the judicial officials and employees of the jurisdictional organs, which must be secret and maintained by the holder under their exclusive responsibility.
Electronic address. The electronic address is the place where judicial communication acts may be received electronically through the SEJE.
Constitution of electronic address. The parties to the proceeding who exercise procuration acts in the jurisdictional organs, in order to be able to create their account in the SEJE, shall have the obligation to designate their electronic address, which will 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.
User responsibility. The single password for access to the SEJE is personal, non-transferable and for the exclusive use of its holder. The protection and confidentiality of their user name and password is their entire responsibility and safekeeping, being strictly prohibited its disclosure to third parties. The use of a user name constitutes a sworn declaration of their agreement with the correct use of the system and the truthfulness of all digital submissions they make, which will be registered and they shall sign a document relating to the proper use of the single password of the system.
User blocking. In cases where actions are detected that generate suspicions of hacking of the individual or single user password for access to the Electronic Court File System (SEJE), for their own security, temporary user blocking shall take effect. When this occurs, an email will be automatically sent to the email address declared before the Judicial Branch, through which the holder will be notified of the situation generated, informing them that they perform the pertinent procedure in order to restore the use of their personal user. The proven failure to comply 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 court file, shall result in the deduction of criminal, civil and/or administrative liability as appropriate.
Restrictions on the Unique Key. The Unique Key may be suspended and/or cancelled; it shall be suspended in the following cases: For Users as Intervening Parties: a) In the case of suspension of professional practice ordered by the competent Authority; and, b) When they have ceased to be a party in the process, for any of the circumstances established in the Laws. For Judicial officials and servers. a) If the Judicial official or server is subject to a change of position within the institution, in a department that does not use SEJE; and, b) If the Judicial official or server is subject to a work absence due to vacation, incapacity, leave with or without pay, disciplinary suspension. It shall be cancelled in the following cases: For Users as Intervening Parties: 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 accredited by the Personnel Administration Department 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 other grounds established by law and/or other regulations issued by the Supreme Court of Justice.
Disabling of Unique Key. When long periods of inactivity are determined within SEJE, the unique key shall be temporarily disabled; and shall be enabled upon the sole request or activity of the interested user, after verification of their status in the process.
The linking to the Electronic Judicial File allows the attorney to have access to a file when they are the representative of the procedural party therein, which will permit the filing of written motions, consultation of hearing schedules, and receipt of electronic notifications; the linking or unlinking is performed by the general secretary or whoever performs the functions in the corresponding jurisdictional body.
Improper or inadequate use of SEJE, of the Electronic Judicial Headquarters, and of the information it stores or discloses shall give rise to criminal, civil, and administrative liabilities as applicable. All improper actions performed in SEJE under a username shall be attributed to the person holding that user account. It is the duty of officials and servers of the Judicial Branch to file a complaint before the competent authority. CHAPTER III VISUALIZATION AND CONFIDENTIALITY OF INFORMATION
Visualization of cases. SEJE users may access and visualize the cases in which they are legitimate procedural parties and to which they have been linked according to the record in the aforementioned computer system. This linking comprises the possibility of accessing the text of the actions and resolutions that make up the electronic judicial file, insofar as the nature of the process and/or procedural stage and/or state of the actions do not render them confidential for the parties or their confidentiality has not been decreed. With the limitations established by law in the corresponding matter.
Citizen Consultation Portal. The consultation regarding the status of the case and the jurisdictional body shall be available to any person through the case number assigned by the system. The limits on the visibility of information shall be determined by the nature and status of each process, according to the applicable procedural rules.
Consultation of the Electronic Judicial File for legal professionals without authority. The consultation for legal professionals who are not procedural parties in the case and have an interest in knowing the details of a specific process, provided they demonstrate justified cause, may be authorized by the competent jurisdictional body for a period of forty-eight hours (48 hrs), which may be extended depending on the complexity of the process, 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 a procedural party. TITLE II FORMATION OF THE ELECTRONIC JUDICIAL FILE CHAPTER I INITIATION OF PROCEEDINGS AND RANDOM ASSIGNMENT
Filing of the initial pleading. All intake of judicial cases must be generated and filed through the Electronic Judicial Headquarters, which may be accessed through the Institutional Web Portal of the Judicial Branch. All initial pleadings must be accompanied by the corresponding attachments in digital format, in accordance with the method of filing established in article 18 of this Regulation. To ensure the integrity and authenticity of the pleadings that are incorporated electronically, these must be digitally signed, without exception, in accordance with what is established in articles 40 and 42 of this Regulation.
Impossibility of using the digital system. Judicial processes 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 recognized vulnerability reasons that make it difficult to use the digital system. For such purpose, the interested party must submit the respective request to the competent jurisdictional body, and must prove the reasons that prevent them from using the digital system. This request must be resolved and notified within three (3) business days following its filing date. The decision adopted must be reasoned and may be appealed.
Random Assignment of the case. The Electronic Judicial File System (SEJE) shall proceed to perform the assignment of the case in a random manner. TITLE III MANAGEMENT OF THE ELECTRONIC JUDICIAL FILE CHAPTER I FILING OF PLEADINGS AND OTHER DOCUMENTS
Filing of pleadings. The pleadings and other documents that must be incorporated into a specific judicial process shall be filed and received electronically through SEJE, in accordance with the formats and sizes accepted by the platform.
As the only exceptions, judicial bodies shall receive pleadings in paper form in the following cases:
- a)
When there is authorization to process the judicial process in paper format;
- b)
When cash is deposited;
- c)
When the documents to be presented are judicial or extrajudicial executable titles, or others that, by their nature and function in the judicial process, must remain in the custody of the jurisdictional body; Such documents shall remain under the custody and responsibility of the jurisdictional body. These same documents 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 illegibility, its presentation in digital format is not technically feasible; e. When it is evidence that must be presented or tested at a hearing; f. When the situation contemplated in article 49 of the Law on Electronic Management of Judicial Processes occurs; and, g. When, under other exceptional circumstances, at the discretion of the judge or court, its electronic presentation would not be possible.
Presentation and return of physical documents. Physical documents presented to the jurisdictional body for incorporation into SEJE shall be scanned by the judicial secretary. If legally appropriate, after their digitization, they shall be returned to the person who presented them. After the original of a digitized document is returned, the party and their procedural representative must custodize and preserve it until the conclusion of the process; they, under responsibility, must present it when required by the judge or court hearing the case. The altered presentation in part and/or in its entirety, or its non-presentation on the date indicated by the judge or court, shall result in the application of the measures provided for in the law governing the matter in question. The Judicial Secretary shall issue a certificate evidencing the delivery of the returned document, with all its characteristics and the designation of who is responsible for its custody.
Conformity with the digitization of documents. Should the presenting party consider that the digitized information is not consistent with the physical documentation presented, they may file observations with the corresponding jurisdictional 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 digitization.
Access to Electronic Judicial Headquarters. The filing of pleadings or any other management before judicial offices shall be conducted electronically through the Electronic Judicial Headquarters, after registration in the Single Registry of Attorneys of SEJE, which is located on the official website of the institution: https://www.poderjudicial.gob.hn.
Filing method for documents. Written pleadings and other documents submitted to the Electronic Judicial Headquarters platform must be filed in pdf format (acronym from the English Portable Document Format) 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 digitization is not possible, they exceed the maximum size allowed in 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.
Filing schedule for electronic and physical documents. The submission of written pleadings and electronic documents may be conducted every day of the year, between 00:00:00 and 23:59:59 hours, through the Electronic Judicial Headquarters.
Validity of documents presented in the electronic case file. The documents that make up the electronic judicial case file, for their validity, must have the digital signature of the interested party, their attorney and/or the authorized person to certify the authenticity of their digitization, as applicable.
Relocation of pleadings and documents. Written pleadings 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 File System (SEJE). CHAPTER II INTAKE CONTROL AND DATA REGISTRATION
Intake control. Judicial Secretaries have the obligation to daily control the intake of pleadings in the SEJE by petitioners, ensuring their timely registration, especially when they contain requests for the declaration of non-business days and hours. Procedural deadlines shall be counted from the date of receipt or dispatch, such that acceptance in the computer system of a document or case file does not affect such computation.
Electronic receipt. The filing date of the electronic pleading granted by the system shall constitute the electronic receipt that will replace the manual receipt. If the filing is carried out on a non-business day or hour, it shall be considered as entered into the system from the first hour of the next business day.
Data registration in the system. The daily and permanent upload and control of information in the SEJE of everything produced in each judicial body is mandatory practice. The officials and employees responsible for each judicial office must ensure and control the complete and self-sufficient upload of data in the electronic judicial case file, so that it contains all proceedings and case management, digitally signing those in which they participate. Special attention shall be paid to the correct upload of data of all subjects involved in electronic judicial case files, with their unequivocal identification data, as well as the data of electronic addresses established in the case file. Judicial Secretaries, as the case may be, shall be responsible for maintaining updated information upload in the computer system in their respective judicial bodies, and for ensuring the correct linking of the parties to enable the visualization of the cases through the SEJE.
Validity of case records. The records of data and case movements contained in the SEJE shall be considered valid without the need for support on paper media. The records that are regularly entered in the Registry Books maintained by the judicial bodies shall be replaced by the information arising from the electronic judicial case file. CHAPTER III DIGITAL OR ELECTRONIC SIGNATURE
Definition and classification. Electronic signature is understood as the manner of rubricating electronic documents, having the same value as the handwritten signature. Digital signature may be simple or advanced; simple, which will allow the identification of a user with their unique password; and advanced, which shall be used for the rubric of judicial resolutions and other proceedings of equal nature.
Digital signature of electronic judicial resolutions. The Judicial Branch shall design and adapt a digital signature infrastructure that ensures and certifies the rubric of judicial resolutions and proceedings, guaranteeing their authorship, authenticity, and integrity.
Electronic signature for filing pleadings. For the signature of submissions of pleadings by private attorneys, solicitors, and prosecutors, the user name and personal password shall be used, added to other data linked to their registered user profile, data calculated when validating the integrity of the documents and attached files presented, granting them the character of Electronic Signature of the user to rubric their digital submissions of pleadings and digital documents. When the user chooses the option to send the digital pleading, the system shall take all relevant data from the pleading or submission such as date, time, user, text of the pleading, name and content of attached documents.
Advanced signature of magistrates, judges, and other judicial officials. To sign digital documents such as notification certificates, minutes, resolutions, sentences, and communications with 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.
Electronic signature of the litigating attorney. The unique user password and its password, together, shall be equivalent to the electronic signature of the litigating attorney; therefore, the proceedings carried out from their account shall have the legal effects established by law.
Signature of proceedings, instruments, and pleadings. The proceedings, pleadings, and documents incorporated into the Electronic Judicial Case File System (SEJE) must be rubicated by means of digital or electronic signature. The following are excepted from the foregoing:
- a)
Notification instruments that should not be made to an electronic address and are made on paper media;
- b)
Instruments that are intended for or proceed from subjects not obligated to use the SEJE; and, c. Other instruments that proceed from SEJE users and that by their nature cannot be incorporated by means of electronic or digital signature.
Validity of digital or electronic signature. Documents subscribed by means of digital or electronic signature shall have equal value and effectiveness as their equivalents signed in manuscript form.
Required signature. When a legal norm requires the presence of a signature, both digital or electronic signature and handwritten signature shall be recognized equally. CHAPTER IV ELECTRONIC MANAGEMENT OF HEARINGS
Hearings Management Module. The Electronic Judicial File System (SEJE) shall have a hearings management module, which shall always be incorporated into the respective electronic folder so that it is available to the parties and their procedural representatives. This module shall have the capacity to manage in-person or virtual appearances, and shall likewise have an electronic calendar, which shall be available to the public on the Institutional Web Portal of the Judicial Branch.
Hearing records. When a hearing is documented in multimedia files, it shall be digitally signed. The multimedia file shall be incorporated into the Electronic Judicial File System (SEJE) as an action of the electronic file, together with the digitally signed record. In other cases, hearing records shall be prepared in the Hearings Management Module of the Electronic Judicial File System (SEJE) and shall be electronically signed. CHAPTER V JUDICIAL RULINGS AND ELECTRONIC COMMUNICATION ACTS
Effectiveness of electronic judicial rulings. Judicial rulings issued electronically shall have identical legal effectiveness as their equivalents in paper format.
Notifications Management Module. The Electronic Judicial File System (SEJE) shall have a notifications management module, used to send electronic notifications to the electronic addresses constituted by users.
Mandatory nature of the Notifications Management Module. The Notifications Management Module is mandatory for use in all cases processed through the Electronic Judicial File System (SEJE). All notifications that according to current laws must be made to the constituted electronic address shall be sent through the Notifications Management Module. Notifications that according to the applicable norms must be made personally at the party's address shall continue to be carried out in paper format, with the court or tribunal required to ensure their visibility in the Electronic Judicial File System (SEJE) in digital format.
Form of electronic notification. Electronic notifications shall be made to the constituted electronic address. It shall be understood that the party, procedural representative, or participant has been duly notified when said procedural management system confirms to the judicial body the sending and receipt of the message. Deadlines shall be computed according to applicable procedural norms.
Electronic notification certificate. The electronic notification certificate shall comply, as to its format and content, with the provisions in force in the applicable Procedural Codes. The sending of the notification shall be effectuated once the ruling that orders it has been digitally signed and published.
Paper format certificate. When, due to a case being authorized for judicial process management in paper format, or due to reasons of force majeure or act of God, 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.
Records of citations, summonses, and requirements. With respect to citations, summonses, requirements, and other communication acts, judicial secretaries and process servers shall add to the electronic folder of the judicial file, in digitalized form, the record they have prepared for such purpose. In the same manner, proceedings shall be followed in cases of inspections or judicial recognitions, attachments, or other procedural actions that must be carried out outside the judicial office.
Official letters processed by procedural parties. In the case of official letters that have been generated in paper format, users authorized for their processing shall enter the response from the party to whom the letter was directed into the file through the electronic filing procedure. CHAPTER VI FILING AND RECONSTRUCTION OF THE ELECTRONIC JUDICIAL FILE
Filing. The Judicial Branch shall preserve and file in electronic format all electronic judicial files, with the necessary security guarantees, applying current criteria and norms of document management and digital filing.
Reconstruction of the Electronic Judicial File. If for any reason the computer system becomes 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 holds them, proceeding in this case in accordance with the provisions of the procedural norms that regulate the matter in question. TITLE IV RELATIONSHIP BETWEEN JUDICIAL BODIES, NATIONAL AND FOREIGN
Relationship between national and foreign judicial bodies. For the processing of electronic judicial proceedings in various jurisdictional bodies, whether by reason of functional jurisdiction, judicial assistance, or international judicial cooperation, the technological facilities and limitations of the involved judicial offices shall be taken into account. In exceptional cases, when use of the Electronic Judicial File System (SEJE) cannot be made, the information shall be transmitted or shared by analogous electronic means or others that guarantee its access, identity, preservation, and integrity.
Physical record of the electronic judicial file. The transmission of an electronic judicial file to a jurisdictional body that, for reasons of exceptional nature, does not have access to technological means, shall be done in printed form and certified by the secretary of the corresponding court or tribunal, or by the authorized judicial official in case the same is located in an inactive archive. TITLE V COMPLEMENTARY PROVISIONS
In-person Appearance. The judicial organs may require the appearance of the person intervening in the process, when there are grounds to presume the alteration or falsity of the act or action.
Failure of Technological Means. In case of serious technical problems that prevent transmission and do not depend on the will of the party or the legal professional, such as lack of electrical power or other similar circumstance, it must be demonstrated or verified and the action shall be presented for evaluation by the judicial organ.
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 brief, invoking the technical problem and the reasons of urgency; this must be demonstrated and the action shall be presented for evaluation by the judge.
Operative Maintenance of the System. The Department of Information Technology shall perform 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 Electronic Management of Judicial Processes Law and this Regulation.
Use of Technological Means. Judicial offices with judicial management in paper format must prioritize the use of digitalization through scanning, over printing, when they must issue a copy or certification of documents destined for electronic judicial offices.
Unforeseen Cases. Any circumstance not provided for in this regulation shall be resolved by the judicial organ in charge, attending to the principles of legality, urgency, reasonableness and viability; in exceptional cases by the Full Court of the Supreme Court of Justice within the framework of the Constitution, international treaties and applicable Laws.
Effective Date. This Agreement is issued in compliance with the provisions of Point 4 of Minutes 7 of the session held on February 7, 2022, by the Full Court of the Supreme Court of Justice, to be published in the Official Gazette La Gaceta, taking effect the day following its issuance; likewise it shall be disclosed on the Institutional Web Portal of the Judicial Branch and other official channels. Let it be communicated _______________________________________ ROLANDO EDGARDO ARGUETA PÉREZ Magistrate President ___________________________________ REINA MARÍA LÓPEZ CRUZ General Secretary
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