INTRODUCTION

As history has shown, every technological advance is always accompanied by both new de facto and legal issues. Moreover, there is no doubt that the modern technology we are currently facing is mostly computer-related in some way. In the realm of procedure in civil litigation, there has already been a surge of new technology as a global trend, regardless of whether people like it or not. In any country, those who view such developments positively are trying to accelerate the trend and expand it into many aspects of the judicial process. On the other hand, more than a few scholars have identified potential problems associated with the rapid introduction of such technology. Should one view modern computer-related technology positively as a useful tool or even a welcome friend of judicial procedure? Or is it an uninvited nuisance, even if it is more or less innocent in its intentions? The purpose of this chapter is to conduct a rough examination of this theme at each stage of civil proceedings.

ELECTRONIC FILING

THE CURRENT STATUS OF ELECTRONIC FILING

One of the fields in which computer-related technology has made widespread inroads in a significant number of countries is in the electronic filing of various judicial documents, including complaints and answers that were previously filed as hardcopies. As a technical matter, various countries have adopted different implementations to make electronic filing a real and viable system that can be used effectively. Consequently, while some countries have adopted the ordinary internet as a platform, there are also countries that have built different networks separated from the internet. Here, Iillustrate one representative example of electronic filing using a website on the internet, a type of system that has recently been increasing in many countries.

In this system, attorneys representing parties are assigned an ID and password for logging into the electronic filing system. The attorneys use the electronic filing system to make submissions of documents electronically by uploading them to the website. When payments of fees are necessary, such payments are processed by credit card, debit card or bank transfer. Self-represented litigants are usually not allowed to access the electronic filing system and therefore must still submit paper documents.