Cyprus implements eJustice in civil litigation

The implementation of eJustice represents a monumental shift in Cyprus's civil justice system, moving away from conventional paper-based procedures towards a modern online platform.

On 12 January 2023, the Supreme Court unveiled the 2024 Practice Direction on Electronic Justice, superseding the 2021-2023 Electronic Justice Practice Directions and formally launching the eJustice system.

What is eJustice?

eJustice is an electronic document case management system designed to empower parties in civil justice, enabling them to file claims and documents, receive real-time notifications on ongoing proceedings, and establish communication channels with the Court and its clerks.

Partially operational since 18 December 2023, eJustice only allowed login checks and profile verification from its predecessor, iJustice. As of 12 January 2024, iJustice ceased operations, consolidating all entries and data into eJustice. From 15 January 2024 onward, eJustice exclusively manages all cases and data.

Scope of Operation

The 2024 Practice Direction applies comprehensively, covering entries and proceedings in most courts, with specific exclusions. Presently, eJustice facilitates operations for all Cyprus Courts except the Supreme Court's appellate jurisdiction and the Administrative Court of International Protection. It encompasses all jurisdictions of the District Court, excluding the Criminal Court, Juvenile Court, and Military Court. Registration through the system extends to previous, ongoing, and future claims, aligning with the 2024 Practice Direction.

Transformative Features of eJustice

The adoption of eJustice introduces groundbreaking advancements in Cyprus's civil justice management:

• Electronic Filings: All new filings are conducted electronically, providing parties with instantaneous case scheduling information.
• Real-time Communication: Parties can now communicate directly with the Court for case management purposes, upload documents, and receive notifications promptly.
• Integration of External Entries: Entries made by external users (non-parties) become integral components of the electronic folder associated with the relevant case.

Basic provisions of the new Electronic Justice Practice Direction

The use of eJustice may be carried out by a judge, judicial officer, lawyer, and any other person, subject to access requirements. A person entitled to access a physical file under any law or procedural regulation is entitled, under the same provisions and for the same purpose, to access a file that has been created electronically under this Regulation.

A document that has been electronically registered through eJustice shall not be registered in any other way unless requested by the court or the Registrar, who may provide specific instructions for document filings. An originating document (e.g. a claim form) or a document intended to be filed in an existing electronic folder may be registered in its physical form, with the court's permission, if for any reason it is difficult to register it electronically.

If, based on the provision of any law or regulation, the presentation or production of the original document (e.g., will, bank guarantee, etc.) is required, such a document will not be electronically filed; instead, a physical folder will be created simultaneously to satisfy such a requirement.

In the event that a document is filed electronically, the original of such document must be retained by the person who filed it electronically and should be available for inspection if requested by the Court, the Registrar, or a party involved in the case. This applies even in cases where the Registrar electronically files on behalf of a party, where applicable.

When in the opinion of a party that files a document, such document intended for filing is confidential or privileged, a request is submitted to the court through the system for approval of its classification as such. If a document is classified as confidential or privileged and there is no corresponding functionality in the system for the document to be filed directly by the person submitting it, the Registrar ensures its filing in a court folder in a way that makes the document visible only to the court.

A document is not considered filed until its electronic filing is completed and marked as successful by the system, concurrently with the payment of the applicable fees. Electronic filing conducted after 13:01 is considered to have occurred on the next day and the responsibility for meeting any deadlines lies with the party carrying out the electronic filing.

Notifications or communications received from a party or their lawyer through the electronic filing system, in any manner, does not constitute service. When a law or regulation requires service of a document, this is carried out regardless of the notification or communication provided by the system.

An affidavit of service is recorded in the relevant section of eJustice by the initiating party of the service. The registration of an affidavit of service will be accepted provided that both the affidavit of service and, at least, the first page of the document served are recorded.

Compliance with GDPR

In collaboration with relevant authorities, the Supreme Court has been empowered to implement measures ensuring the security and confidentiality of information within eJustice. This commitment aligns with the current Privacy and Personal Data Protection Policy and the platform's terms of use. Users, in turn, bear the responsibility of safeguarding their account credentials for seamless access to the electronic filing system.

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