Judicial Yuan Passes Draft Amendment to Code of Civil Procedure to Promote Digital Transformation of Service System

The Judicial Yuan pointed out that in response to modern technological developments, societal needs, and the trend of digitalization, and considering practical operational requirements, to ensure the legality of service and simplify service procedures, this amendment to the Code of Civil Procedure adds 5 articles and amends 25; the Enforcement Act of the Code of Civil Procedure adds 1 article and amends 2.

The Judicial Yuan stated that regarding service agencies, it adds provisions for courts to commission police agencies for service and their requirements; parties may apply, and with court permission, prepay fees for service by bailiffs. Regarding service methods, the requirements for supplementary, deposit, and substituted service are clarified, and public service announcements can be posted at court announcement areas or websites, moving towards paperless operations.

To avoid cumbersome service procedures due to numerous parties, representatives, or administrators, provisions are added to simplify service recipients and designate common service agents; restrictions are placed on service agents designated by parties or their representatives, requiring their service addresses to be within the Republic of China, with validity extending to courts at all levels.

Regarding service addresses, it is stipulated that the service address declared by the party, legal representative, or litigation agent has priority, and the registered domicile of the person to be served is also added as a service address; for service abroad, courts may commission service or send by mail, and the effective period for public service abroad is shortened to 40 days to improve service efficiency.

The Judicial Yuan pointed out that it adds the legal effect of transmitting litigation documents via the Judicial Yuan's electronic litigation document service platform and the time when service takes effect. It stipulates that certified copies of judgments can be produced and served as electronic documents. For persons served with electronic judgments in prisons, detention centers, and other correctional or detention facilities, the relevant officer should be commissioned to print and deliver paper copies; if a party files an appeal with the relevant officer within the appeal period, it is deemed an appeal within the appeal period, balancing the trend of digitalization and the protection of party rights. (Editor: Chen Jen-hua) 1150410