On 13 June, Law 2213 of 2022 was enacted by means of which the provisions contained in Legislative Decree 806 of 2020 were definitively adopted, issued within the framework of the State of Economic Emergency, Social and Ecological declared by virtue of the pandemic caused by COVID – 19, to implement the ICTs in the proceedings before the ordinary jurisdiction in civil matters, labour, family, administrative contentious, constitutional and disciplinary, as well as in the arbitration proceedings and the actions of the administrative authorities exercising their jurisdictional function.
Thus, virtuality is imposed as a general rule in the aforementioned specialties, provided that the right to equality is respected. Therefore, the population in a vulnerable condition or located in places where connectivity is not available must be guaranteed that the services are provided in person, stating in the files the reason why the virtual procedure cannot be carried out.
In criminal cases of ordinary and military criminal jurisdiction, the use of ICTs will be decided by the judge or magistrate in charge of the respective procedural process.
We highlight that i) the powers of attorney of special nature may be granted by means of a data message without the need for a handwritten or digital signature, with the sole name of the person will suffice and should be presumed authentic; ii) the lawsuit will be submitted virtually; and iii) the notifications that must be made personally may be done by sending of the ruling as a data message without the need to send a prior physical or virtual summons or notice.
