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The pandemic of absurds reaches the courts. NRA petition on the delivery of procedural letters by e-mail

Moving to remote mode is not easy for the ministry of justice.

Moving to remote mode is not easy for the ministry of justice.

The draft amendment of the Code of Civil Procedure assumes, among other things, that the mail sent from the court to the proxy will be from

Moving to remote mode is not easy for the ministry of justice. The draft amendment to the Civil Procedure Code assumes, among other things, that the mail sent from the court to the proxy will be regarded as being served from the march. It seems that this time the legislator has taken too literally the saying "in nature nothing is lost."

Internet like mail

Investigation of cases in civil proceedings during the period of emergency of an epidemic or epidemic in relation to COVID-19 raises a number of doubts, and the legislator's ideas seem to dispel them for the benefit of himself, not the representatives of the law.

Draft Act amending the Act – Code of Civil Procedure and some other laws (Segmic printing no.

899) In Article 15zzs9 assumes that the first procedural letter lodged by a professional representative in civil matters should include the address of the official e-mail and telephone number during the period of the emergency or epidemic situation ‘and within one year of the last one being appealed’.

At a time of pandemic this will be an important contact, because according to paragraph 3 that provision ‘digital reproduction of pleadings, notices, summons and judgments shall be deemed to have been served on the following working day from the time of their introduction by the court to the electronic means of communication in such a way that the addressee is able to read its content’.

If we assume that "digital reproductions of procedural writings" are a scan or photograph of documents, we get information that they are sent by email as delivered from the machine, regardless of whether they reach spam or will be reflected through mail (which happens with overflowing boxes).

Petition of the Chief Bar Association

The NRA launched a petition on electronic delivery with effect the next day after the dispatch. It states that "Limiting civil rights and freedoms of a specific nature, which, according to the project, is to apply for one year after the end of the threat and epidemic, are not intended to protect the epidemic of citizens, but only to improve the case law statistics".

Link to petition: https://www.petycjeonline.com/petycja_w_obronie_prawa_do_sdu

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