The Impact of New Information Technologies on Civil Litigation

Abstract

Use of IT does not have the same impact on all basic principles; problems of conflict may arise to a greater extent with respect to some principles and to a lesser extent regarding other ones. At the same time, in recent years as a result of modern technology, several possibilities have become available that could in case of the incorporation of the appropriate legal guarantees serve the better realization of some principles. This may lead us to the relative reconstruction of some traditional principles. Problems present themselves more intensively concerning litigious proceedings and to a lesser degree in case of non-litigious or, at least, some types of non-litigious proceedings. However, both experts of procedural law encouraging change and those holding more conservative views are likely to agree that the new IT may generate positive changes concerning both the procedural input and output (the forwarding of petitions, service of documents, issue of official copies, administration). The issue characterised by stronger differences in opinion is the trial itself accompanied by questions of procedural law relating to it, the problem of the virtualisation of the trial.