Electronic Technology and Civil Procedure – Applicability of Electronic Technology in the Course of Civil Procedure

Abstract

The author worries about drawbacks if the immediacy of a court proceeding with the personal presence of the participants were to be abandoned. Introducing some ET for communication, especially by introducing a video conference system for plenary hearings, contributes to reduce some difficulties in traditional civil procedure, but its unlimited introduction through the use of a virtual court would change in some fundamental aspects the traditional civil procedure based on face-to-face relationships in civil litigation. Surely, it must be necessary to introduce ET into civil procedure to some extent, but it must be questioned whether it would be welcomed by litigants, and it must be considered whether the use of monitor technology, eliminating the human element from litigation, is a necessary development. Its introduction must be, on one hand, a financial problem and a cost-benefit analysis might be necessary, but the factors of personal contact civil procedure would not be ignored.