On November 26, 2024, Legislative Decree No. 164 of October 31, 2024, concerning measures for improving the efficiency of civil proceedings, revising the rules on alternative dispute resolution instruments, and streamlining proceedings concerning the rights of individuals and families and enforcement, entered into effect. The law amends the Code of Civil Procedure, most notably regarding electronic filing and service of litigation documents.
Registration of New Civil Cases
The new law requires parties in civil litigation in their first judicial appearance to provide specific personal information, including their tax code identifications, their signature, and data concerning transmission and receipt of electronic documents. (L.D. No. 164, art. 4(3)(e), substituting art. 71 of the implementing and transitory provisions of the C.C.P.)
Requirement of Electronic Filing in Civil Proceedings
The law requires courts to establish computer systems that will create a number for the case file and description of each document submitted by the parties, as well as a date for each filing procedure. (Art. 4(3)(g), substituting art. 74, para. 2 of the implementation and transitory provisions of the C.C.P.)
The new law extends the mandatory use of electronic filing, including the requirement to provide a certified email address from public lists or to choose a special digital domicile, to particular proceedings. (Art. 3(5)(d), amending art. 417, para. 2 of the C.C.P.). These proceedings include cases relating to the civil status of persons, minors, and families under the jurisdiction of ordinary courts, guardianship judges, or juvenile courts, and to cases involving compensation for violations of family duties, the adoption of minors, and proceedings before specialized immigration courts. (Art. 3(6)(a), substituting art. 473-bis(1), para. 1 of the C.C.P.)
In the aforementioned cases, notifications in civil proceedings are deemed completed when they are delivered to the judicial officer and when a party recipient’s email manager or qualified certified electronic delivery service generates a receipt of delivery. (Art. 3(1)(q), substituting art. 149-bis, para. 3 of the C.C.P.) Likewise, appearances and briefs permitted by the judge are communicated by filing or by notification to the certified email address or special digital domicile created by a party. (Art. 3(2)(f)(2), substituting art. 170, para. 4 of the C.C.P.)
Furthermore, the new law requires that in debt collection cases, creditors must present to the judge the original of the enforcement order, an electronic duplicate, or a certified copy thereof, upon the judge’s request. (Art. 3(7)(e)(2), substituting art. 488, para. 2 of the C.C.P.) In civil actions for the seizure of property or assets, the judge’s request must include an invitation to the debtor to provide a certified email address or to elect a special digital domicile, with the warning that the failure to do so will result in subsequent notifications being made through the judge’s registry. (Art. 3(7)(g), substituting art. 492, para. 2 of the C.C.P.)
Parties in expropriation enforcement proceedings similarly must provide data to the court regarding the signature and the transmission and receipt of electronic documents. (Art. 4(4)(b), substituting art. 159-bis of the implementing and transitory provisions of the C.C.P.)
Lastly, the law provides that judicial decisions in civil cases must be published electronically, in accordance with the regulations applicable to the signature, transmission, and receipt of electronic documents. (Art. 3(1)(m), substituting art. 133 of the C.C.P.)
Dante Figueroa, Law Library of Congress
February 18, 2025
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