Digital Aviation Document QAs

No, this is not possible.

All initial and subsequent submissions (lawsuits, responses, motions, pleadings, appeals, claims, etc.), including enclosures, can be transmitted to and received electronically and securely by Austrian courts and public prosecutors’ offices (initial submissions only) via the Electronic Legal Communication of the Judiciary (ERV). Lawyers are even obligated to use ERV.

It is possible for this to be done in a portion of the judicial system that deals solely with industrial employment complaints, namely The Bahamas Industrial Tribunal. However, the electronic filing of documents is not yet supported by The Bahamian Supreme Court nor the other judicial offices.

It is not possible to upload any type of procedural documents in a court proceeding in Bosnia and Herzegovina. All documents must be submitted in written form (via mail or submitted directly to the court).

However, once submitted, those documents will, in general, be uploaded to a digital database used by the judiciary system in BH. Although access to the database is limited and shall be granted only upon a request of a party to the proceeding (or its attorney), once the access is granted, most of the documents submitted in the proceeding will be accessible for viewing and downloading (of a copy) by the subject to which the access is granted to.

Yes. Generally, filings of lawsuits, pleadings and procedural documents are uploaded electronically to Brazilian courts.

Yes. The Chilean judicial system has enabled a Judicial Virtual Office where the parties may file all types of petitions, lawsuits, appeals and kinds of procedural documents in electronic form, as long as they have a registered user.

The Judicial Virtual Office can be accessed at the following link: https://oficinajudicialvirtual.pjud.cl/home/index.php

It is possible to upload lawsuits, pleadings and electronic procedural documents in Colombia. Law 2213 of 2022 allows the use of information and communication technologies in the management and processing of judicial proceedings in order to facilitate and expedite access to justice.

Technological means may be used for all actions, hearings and proceedings. The procedural subjects are allowed to act in the processes or proceedings through the available digital resources, avoiding face-to-face formalities or similar, which are not strictly necessary. Therefore, the proceedings will not require handwritten or digital signatures, personal presentations or additional authentications, nor will they be incorporated or presented in physical media.

Yes, by using the digital system of the Judicial Authority (called “Gestion en línea”), the person who does the filing must have a username and password, which is obtained at the Courts offices. The lawsuit must comply with the requirements stated in the Civil Procedures Code.

It is possible to upload lawsuits, pleadings, and other procedural documents via the specialized “e-communications system” used by all courts, administrative bodies, state attorney’s office, and other legal entities in proceedings before courts in Croatia. This service is managed by the Ministry of Justice and Public Administration, and its use requires prior registration with Croatia’s “e-citizen” system and implementation through the ministry’s internal system. The service is accessible only after full registration and implementation is completed.

Yes, in practice, most of the submissions are done through the electronic data box, i.e., it is a specific electronic message sent to the relevant authority. Currently, there is no “upload” option, although discussions on introducing e-files (which could facilitate uploading) are still ongoing.

Following the COVID-19 pandemic, the Judicial Council of the Judiciary issued a series of rules, especially Resolutions Nos. 006-2020 and 007-2020, recognising the application of virtuality in judicial proceedings, at which time the platform called “Judicial Service of the Judiciary” was created, allowing the virtual uploading of any document (claims, pleadings and procedural documents) necessary in the framework of a judicial process.

However, on September 14, 2021, the Ruling No. TC/0286/21, issued by the Constitutional Court of the Dominican Republic declared unconstitutional the aforementioned Resolutions, on the basis that these repealed rules should be established through a legislative process, not as a jurisdictional matter.

Consequently, on July 29, 2022, Law No. 339-22 was enacted, which enables and regulates the use of digital media for judicial processes and administrative procedures of the Judiciary, a legal provision that expressly states in its Article 7, textually as follows:

“Article 7.- Judicial portal. The Judicial Branch shall make available to users a judicial portal that will allow them to optionally make requests, submit matters and provide access to all information related to processes, procedures, public rulings, hearing roles and receive all types of documents of a public nature, without the need to travel in person to the jurisdictional bodies or administrative units of the Judicial Branch, in accordance with the regulations approved by the Plenary of the Supreme Court of Justice, upon payment of the corresponding fees or taxes established by law, when applicable.”

Nevertheless, it is important to note that while the legislation that creates the judicial portal is in full effect and the website exists, the process by which the public is going to be able to upload these lawsuits, pleading and procedural documents is still being implemented by the corresponding authority.

Yes, but the electronic signature needs to be issued by a duly licensed issuer in Ecuador.

No. Currently, our legal system does not provide for electronic filing.

Some lawsuits and cases can be filed through the electronic services of the district court. These are cases concerning undisputed debts.

The special courts and administrative courts have e-services through which documents may be sent.

Lawsuits, pleadings and procedural documents can, in most cases, be sent to the courts electronically via e-mail.

Yes. Pleadings and procedural documents may be sent to other parties, which are represented by a lawyer and to courts through an online platform for lawyers and courts only.

Since 1 January 2022, the use of the German digital platform (in German: “Besonderes elektronisches Anwaltspostfach” and abbreviated “beA”) is mandatory for lawyers as well as for courts as that courts have to accept documents sent by lawyers via beA. However, courts are not yet obligated by law to communicate with lawyers via beA; thus, courts may still send documents by regular mail. By using beA, a lawyer is able to transmit legal documents such as lawsuits, pleadings and other procedural documents digitally to all courts in Germany, except to the Federal Constitutional Court (Bundesverfassungsgericht). In addition, the courts use the beA as well in order to process documents for the lawyers involved.

On November 11, 2020, the Law on Electronic Management of Judicial Proceedings (Decree 146-2020) entered into force, whereby the Electronic Judicial File System (SEJE) was created for the purpose of creating electronic judicial files with the set of proceedings, documents and other digital files associated with a given jurisdictional case. Likewise, it allows the presentation of lawsuits, pleadings and other documents, the issuance of judicial resolutions, notifications and other procedural actions that are carried out in judicial processes. To date, the system has not been developed or implemented; therefore, it is currently not possible to upload lawsuits, pleadings, and procedural documents electronically in Honduras.

E-filing (electronic filing of legal papers, including pleadings and procedural documents) is accepted in almost all courts in India, including the Supreme Court of India and the various High Courts. However, certain lower courts, such as the Metropolitan Magistrate Courts, have not accepted e-filing until now.

Yes. In accordance with the Instructions relating to Filing a Digital Document to the Courts and the Labour Tribunals regarding the Civil Procedure Regulations, 5769-2018 (hereinafter “the Instructions” and “the Civil Procedure Regulations”) and according to Section 165 (b) of the Civil Procedure Regulations, it is permissible to file electronic documents to the courts through the judiciary website (“Net Hamishpat” – Law Site). However, according to Section 162 of the Civil Procedure Regulations, there are four exceptions to this permit:

(1) the first document to be filed in the case or a statement of claim will be served on the addressee (not being a court) by mail or by messenger unless the recipient had agreed otherwise in writing;

(2) if the sender is not the court and the addressee is a party not represented by a lawyer, unless the addressee has agreed to it in writing;

(3) the document, by its nature, is not one which can be served by electronic means;

(4) the document is the first document to be filed in a case being conducted before the Supreme Court.

Yes, with the digital transformation of civil proceedings, any judicial document can be filed electronically with all Courts in Italy. With Law No. 221 of 17 December 2012 (as subsequently amended and supplemented), electronic transmissions of all communications (to lawyers, professionals and parties) is mandatory.

Yes, it is possible to upload lawsuits, pleadings, and procedural documents electronically in Kenya. The Kenyan legal system has embraced electronic filing (e-filing) systems rolled out by the judiciary to streamline court processes and improve efficiency. The Practice Directions on Electronic Case Management, 2020 (the Practice Directions) sets out the comprehensive framework for the functioning of the judiciary e-filing system.

The e-filing system allows litigants, lawyers, and other stakeholders to file and access court documents electronically.

Currently, judiciary e-filing systems are available for courts located in Nairobi and Mombasa.

There is no electronic system to upload on an electronic platform lawsuits, pleadings and procedural documents for the Luxembourg Courts. Written submissions and evidence annexed can be sent via email in accordance with article 169 of the Luxembourg new civil procedural code. Before the administrative courts, the practice of electronic filing was not yet the subject of law but of a test phase, while a circular specifies that the only documents with legal effect are those physically filed with the clerk of the administrative court. However, this test phase does not yet allow any upload but only to communicate on a voluntary basis to the administrative courts’ writ of submissions with exhibits via email.

In order to file proceedings with the Courts of Malta, such must be made in original. This said, and as explained earlier, an e-signature cannot be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form or that it does not meet the requirements for qualified electronic signatures.

However, if (i) the agreement is governed by a foreign law (including in terms of formal validity) and (ii) the choice or application of that foreign law is recognized in Malta (for example, by way of the Rome I Regulation), then our courts would be guided by what the applicable position is under that same foreign law.

Having said that, qualified electronic signatures are generally regarded as carrying more (immediate) evidential weight than advanced electronic and standard electronic signatures due in large part to the onerous requirements that they must fulfill for validation (e.g., a supporting qualified certificate).

In fact, per article 25(2), eIDAS Regulation, qualified electronic signatures are expressly stipulated to have the “equivalent legal effect of a handwritten signature” and thus can be said to enjoy a juris tantum presumption of legal validity and authenticity as to the identity of the indicated signatory. This legal presumption may prove to be particularly relevant and useful where the electronic signature, or identity of the signatory, is challenged or could be subject to dispute.

Not all courts in Mexico allow electronic filings for lawsuits, pleadings, and procedural documents. The acceptance of electronic filings depends on the specific matters being handled by each court (e.g., labor, civil, etc.), as well as whether the courts are at the federal or local level. It is essential to consider local-specific rules and guidelines regarding electronic filings.

Mexican federal courts generally allow electronic filings, provided certain requirements are met in accordance with the Law of Advanced Electronic Signature, the National Code of Civil Proceedings and the Code of Commerce.

Civil procedure law foresees the possibility of submission of lawsuits, submissions, and process documentation electronically.

However, this possibility is still not applicable in practice, and the public bodies (courts, administrative bodies etc.) mostly allow submission only via Post or by direct delivery as part of the familiar and practiced procedure.

The relevant legislation in Nigeria does not permit for lawsuits, pleadings and procedural documents to be electronically uploaded to the national register.

The Law on Civil Procedure provides that lawsuits, countersuits, legal remedies and other statements, pleadings, proposals and announcements may be submitted either in writing or via electronic means to the admissions office of the competent court. However, as far as we are aware, this option is not used in practice, and the willingness of courts to accept electronic submissions of procedural documents is not tested and confirmed.

Yes. The Norwegian courts use an electronic communication portal called “Aktørportalen”, which lawyers are obliged to utilize, cf. Regulation on electronic communication with the courts section 3a.

This does, however, not apply to communication with the Norwegian Conciliation Board, which is, in fact, the appropriate court of first instance for claims (i) below NOK 200,000 or (ii) exceeding NOK 200,000 if a defendant has not been represented by legal counsel, cf. the Norwegian Dispute Act section 6-2. Submitting lawsuits, pleadings and procedural documents must therefore be done by post to the Conciliation Board.

No, it is not currently possible to upload lawsuits, pleadings, and procedural documents electronically in Pakistan. However, it is worth noting that the legal system in Pakistan has established an online portal for courts to ascertain updates on the status of pending and disposed cases.

Yes, through Administrative Resolution No. 214-2008-CE-PJ, the Executive Council of Peruvian Courts established the Electronic Notification System (SINOE), which is a virtual platform for the Peruvian Courts that is use for pleadings and file procedural documentation related to the designated Electronic Court File and it is also an electronic mean for electronic notifications to parties of court proceedings.

Currently, and as of this date, the Philippine judiciary and administrative agencies exercising quasi-judicial power do not have electronic platforms where lawsuits, pleadings, and documents can be uploaded. However, for documents bound for the Philippine Supreme Court (the High Court), electronic copies of all papers and annexes must be submitted via electronic email within 24 hours from the filing of the physical hard copies, which would still have to be filed via personally, via registered mail, or through an accredited courier, both of which electronic and filed copies must be the exact copies.

Generally, therefore, while some pleadings in judicial actions can be sent by email to the Philippine Supreme Court with the scanned signed document attached, the actual physical wet- signed documents are still customarily filed with respect to other judicial bodies and courts. This is also true for the Aviation Authority and for other administrative agencies.

The situation varies depending on the type of legal proceedings.

In civil and criminal litigation, electronic format is not accepted for party submissions yet, although there are plans to change this. At the same time, courts in civil litigation can serve court documents (including rulings and summons) using a digital platform.

As noted in p. 2, in administrative proceedings, filings can be made electronically in one of the accepted formats.

Yes, all court cases are managed electronically and through an official website from the Portuguese Ministry of Justice. Thus, all pleadings and documents must be submitted digitally only through the said official website using the QES granted to all Portuguese-qualified lawyers.

Both the Puerto Rico State Court and the Puerto Rico Federal District Court have websites where you can upload lawsuits, pleadings and motions in electronic format.

In accordance with the Romanian Civil Procedure Code, any request addressed to the Romanian Courts may be filed in writing in electronic form if the conditions provided by the law are met.

In July 2023, the Romanian Supreme Council of Magistracy launched the national portal for submitting lawsuits, pleadings and procedural documents: registratura.rejust.ro. The national portal is a single electronic point of request for services for all active courts in Romania and may be used free of charge.

Yes, this is possible. Electronic documents can be submitted via e-mail to the designated court e-mail address for receiving electronic submissions. In practice, it is still usual to submit documents to courts physically.

Yes, it is possible to upload lawsuits, pleadings and procedural documents in civil procedures via “esodstvo” system. In addition, any procedural documents in relation to land register, enforcement and insolvency proceedings shall also be filed electronically.

In practice, many documents are still submitted by post.

Yes, it is not just possible but required nowadays. The Civil Proceedings Act obliges all legal professionals to use the existing telematic or electronic systems in the Administration of Justice for the submission of pleadings, whether or not it initiates legal proceedings, and other documents, in such a way that the authenticity of the submission is guaranteed and there is a reliable record of the full submission and receipt, as well as the date of submission.

Yes, that is possible and nowadays preferred by the courts.

Yes, that is possible. However, certain legally accepted providers or platforms must be used. Further, a submission must be electronically signed in accordance with the requirements of the ZertES.

The National Judicial Information System allows all litigation processes to be conducted online by using secure electronic signatures, and it is indeed possible to initiate a legal claim before a court and maintain meticulous records of ongoing lawsuits, learn trial schedules, submit documents, and make payments for expenses and fees online.

Yes, it is possible to file lawsuits, pleadings, and procedural documents electronically in the United States. The federal court system and many state court systems have adopted electronic filing systems, which allow parties to file documents online through a designated portal. For example, the federal court system in the United States has implemented the Case Management/Electronic Case Files (CM/ECF) system, which allows parties to file documents electronically and provides access to court documents online. Similarly, many state court systems have implemented their own electronic filing systems.

However, the specific rules and procedures for electronic filing may vary depending on the court and the type of document being filed. It’s important to consult the applicable court rules and guidelines to ensure compliance with the requirements for electronic filing. Additionally, while electronic filing may be an option for many types of documents, there may be certain documents that must be filed in paper format or that require additional steps for electronic filing. It is always advisable to consult with legal counsel to ensure compliance with the applicable rules and requirements for filing documents in a specific case or jurisdiction.