Procedural Formalism in the Age of Electronic Litigation: Between Procedural Necessity and the Requirements of Swift Justice

Abstract

Procedural formalism in litigation is considered a fundamental pillar upon which the judicial system rests, as it aims to achieve discipline in the conduct of proceedings and guarantee the rights of the parties involved. However, in light of modern developments in litigation procedures, a question arises regarding the suitability of traditional formal requirements in the context of electronic litigation, which has imposed modern procedures for case management. The emergence of e-justice has necessitated a reconsideration of these traditional procedural formalities to align with the demands of the modern era, which emphasizes speed and efficiency without compromising the guarantees of fair trial.

Achieving a balance between adherence to procedural formalities on one hand, and ensuring the speed and effectiveness of litigation on the other, may pose a significant challenge that requires the development of legal procedures to keep pace with practical developments. The study has shown that procedural formalism remains a legal necessity to ensure discipline and protect the rights of the parties. However, the evolution of litigation methods may present challenges that necessitate the modification of some formal requirements to become more flexible without undermining their essence.

Finally, enhancing the efficiency of judicial procedures through the continuous modernization of regulations and laws, and the development of mechanisms for formal procedures, contributes to improving the speed of dispute resolution and achieving prompt justice. Taking these modern developments into account when regulating procedural formalism may contribute to achieving its primary goal, which is to protect rights and ensure the proper administration of justice without these formalities being an obstacle to the speed and effectiveness of case adjudication.