Electronic Submission Of Pleadings And Documents With The Cyprus Courts – Litigation, Mediation & Arbitration

Electronic Submission Of Pleadings And Documents With The Cyprus Courts – Litigation, Mediation & Arbitration


Cyprus:

Electronic Submission Of Pleadings And Documents With The Cyprus Courts


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On the 15th January 2021 the Official Cyprus Government Gazette
published procedural regulations on the electronic registration of
documents to the judicial system (i-JUSTICE)

The electronic registration regulations give more freedom on how
documentation can be registered and have a goal of satisfying the
need for a more timely and efficient proceeding while, at the same
time, allowing for less physical contact and safer judicial
operations as necessary due to the emergency situation affecting
countries around the world.

The basic points to be considered are as follows:

  • Pleadings or documents which have been registered
    electronically will not be registered by any other means unless
    requested by the court, the registrar or unless otherwise provided
    by the regulations;

  • A document deemed too difficult to register electronically
    through an existing file can be registered in its physical form,
    with permission from the court;

  • If any law, regulation or provision should require a document
    to be registered in its original form, then it will not be
    registered electronically and a physical file will be created to
    satisfy the requirement;

  • The original physical document of any document registered
    electronically must be kept by the person who registered it and has
    to be readily available for inspection upon request of the court,
    registrar or other party to the case;

  • A document consisting of various documents will each be
    registered separately but will be part of the same electronic
    registration;

  • When a document is deemed to be classified, an application is
    made to the court through the electronic registration system for
    approval of the classification;

  • The electronic registration system will operate on a 24 hour
    basis. Its operation will only be stopped due to scheduled or
    unexpected interruption;

  • Electronic registration which takes place after 13:01, is
    deemed to have taken place on the next working day of the
    registrar;

  • Once a document is registered it will not be possible to revoke
    the registration and the fees paid in relation will not be
    refundable;

  • A document intended for service purposes shall be sealed as a
    true copy by the electronic registration system, without the
    payment of any fee, upon request;

  • Upon request and payment of relevant fee, a hard copy of any
    document signed by the registrar can be issued in physical or
    electronic form;

  • An electronic file is created for each registration. No
    physical file is created unless it falls within the provision of
    regulation 7 (1) which is described in point 3 above;

  • The electronic folder has the same properties and legal effect
    as a physical folder. For cases which were registered before the
    installation of the electronic system, a physical and electronic
    folder are kept;

  • For the purposes of court and legal fees, any action taken will
    have the same implications as physical action.

This is a major step forward for the judicial system of Cyprus.
It is well known that ‘Justice delayed is justice denied’
and Cyprus has now progressed to a new era of its judicial system
through electronic submission of court documents, including
pleadings. Proceedings are now expected to progress to hearing
without significant delays, something that has for the past few
years been causing dissatisfaction not only to the litigants but to
lawyers too. This is one step of judicial reforms in Cyprus, we are
looking forward to many more.

*The date for the implementation of the i-JUSTICE system has
been postponed until further notice.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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