Notifications, subpoenas, and other judicial procedures may be made digitally “in all judicial instances and jurisdictional matters of the Court System” of Cuba, according to an instruction from the Governing Council of the Supreme People’s Court.
The norm, approved last September and published this week in the Gaceta Oficial, authorizes the use of “digital platforms and applications, email and other telematic means to carry out the procedural acts of communication with the parties that must be verified personally, or by identity cards.” Its entry into force is set for next November 1.
The decision includes “the notifications of all the resolutions pronounced in the judicial processes under the security conditions that make their effectiveness viable, with the exception of those that, due to their content and nature, are so decided by the court; without prejudice to the obligation that the parties have to remain permanently in contact with the judicial body,” specifies the Agencia Cubana de Noticias (ACN) news agency, citing the approved instruction.
What is regulated by the Governing Council of the Supreme People’s Court “does not exclude the issuance of the certifications that are requested by the interested parties, with the requirements of the legal regulations to that effect,” the source specifies.
In addition, it adds that “through pre-established institutional electronic accounts, procedural communication may be carried out, until the end of the process,” and that “in the resolutions pronounced on the formalization, the form in which the communication will take place, by telematic or traditional face-to-face means, will be expressly established.”
The new norm also establishes that “once the corresponding notification has been sent electronically, the parties must acknowledge receipt the next working day, failing to do so will be equivalent to having done it through the notice board of the court” and specifies that “the terms (of what is notified) start being counted from the date registered in the entry server.”
It also contemplates that “the Information Technology Office of the Supreme People’s Court will be in charge and responsible for establishing the means of transmission of procedural communication between the court and the parties, its format and way of preserving the information, as well as ensuring the vitality of its functioning.”
According to the ACN, the instruction of the Governing Council of the Supreme People’s Court “is in tune with the new normal, given the physical distancing necessary to face the COVID-19 pandemic.”
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