The Ar­gen­tine Supreme Court Al­lows E‑Mail Fil­ings for Com­plaints and Elec­tron­ic Is­suance of Ju­di­cial De­ci­sions

The Argentine Supreme Court Allows E-Mail Filings for Complaints and Electronic Issuance of Judicial Decisions

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On April 13, 2020, Ar­genti­na has tak­en a ma­jor step for­ward to­wards the dig­i­tal­iza­tion of ju­di­cial sys­tem. This time, the Supreme Court of Jus­tice reg­u­lat­ed the fill­ing of com­plaints re­mote­ly and the use of elec­tron­ic and dig­i­tal is­suance of ju­di­cial de­ci­sions by all na­tion­al judges. In con­se­quence, there are now few­er ju­di­cial steps that re­quire in-per­son ac­tiv­i­ty be­fore the court to be com­plet­ed.

Each court of ap­peals will have an e‑mail ad­dress as­signed ex­clu­sive­ly for the pur­pose of lawyers fill­ing com­plaints by those means. Start­ing April 20th, lawyers will be able to com­plete and man­u­al­ly sign the ex­ist­ing com­plaint forms and then pro­ceed to scan and send them to the cor­re­spond­ing e‑mail ad­dress. The court of ap­peals will then pro­ceed to as­sign the case to a judge and send the record of the fill­ing to the lawyer, who must up­load to the ju­di­cia­ry on­line plat­form copies of the com­plaint along with its doc­u­men­tary ev­i­dence and file them lat­er in pa­per, in due time.

Re­gard­ing the elec­tron­ic and dig­i­tal is­suance of ju­di­cial de­ci­sions, it will not be nec­es­sary for courts to keep a print­ed copy. Tri­bunals will be al­lowed to is­sue de­ci­sions re­mote­ly, on­ly in emer­gency or ex­tra­or­di­nary sit­u­a­tions. If such cas­es, re­mote de­ci­sions will be as valid as if the rul­ing had been passed in a phys­i­cal meet­ing.

The Ju­di­cia­ry still has a long way to go in or­der to achieve the to­tal dig­i­tal­iza­tion of cas­es, es­pe­cial­ly in all mat­ters re­lat­ed to ev­i­dence. How­ev­er, we rec­og­nize the many ben­e­fits of avoid­ing show­ing up in per­son in court just to file a com­plaint. While the Supreme Court’s cir­cu­lar has not yet es­tab­lished the ex­act date in which the court should re­gard as the date of ini­ti­a­tion of the case, we un­der­stand that fact will be clar­i­fied by the Court in the fu­ture in or­der to avoid con­fu­sions re­gard­ing lach­es.

Acor­da­da CSJN 12–2020
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Angela works closely with Team Lerman & Szlak, specializing in online intellectual property research and content.

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