The use of videoconferencing technology in civil proceedings

Keywords: Civil proceedings; videoconferencing technology; technical means; audio and visual transmission; efficiency of proceedings; right to a due process.

Abstract: The use of videoconferencing technology in the judicial system has become common practice in developed European countries. This technology brings several advantages, such as cost reduction, time savings, and facilitating access to justice, especially for witnesses, experts, and parties unable to attend court in person. It can replace certain procedural acts, such as requests for evidence and testimonies, and allow for participation from remote locations, including abroad. However, while videoconferencing offers significant benefits, it may also present challenges, particularly regarding the preservation of essential principles, such as the right to a fair trial, and the principles of immediacy, directness, and public hearings. Legal frameworks, such as Section 102a of the Civil Procedure Code, regulate the conditions under which videoconferencing can be used, but its implementation must carefully consider factors like technical equipment quality and the impact on the fairness of proceedings. The article examines the application of videoconferencing in civil proceedings, highlighting its legal conditions, potential challenges, and practical considerations in maintaining due process.