Electronic Service and E-Justice in Iranian Law

With the Introduction of Technology in the Legal system of Different Countries, Including Iran, Various Advances Have Been Made, Including in the Fields of Litigation and Electronic Service. In the Meantime, Electronic Service as one of the Components of a Fair Trial Should be Considered. The Need to Use Electronic Devices in the Process of Litigation and Service is an Undeniable Issue. This Necessity is Felt More in the Current Situation of the Society and the Judiciary has Used These Conditions as a Suitable Opportunity to Advance its Goals in the Field of Litigation and Electronic Service.

In This Study, Which has Been Collected by Analytical-Descriptive Method and Using Library Tools, First, the Process of Electronic Service in the Iranian and Common Law Legal Systems Has Been Examined. In the Next Step, According to the Tools Available to the Courts of Both Legal Systems in the E-Litigation Process, the Effects and Gaps of These Systems Have Been Considered and Discussed.

In the Field of Electronic Service, in Order to Complete This Great Change in the Iranian Judicial System, This Process Should be Designed for Iranians Abroad and People With Unknown Location and Without an Account. On the Other Hand, the E-Litigation System Does not Have the Ability to Completely and Fundamentally Bypass the Traditional System; Rather, it Must Move Alongside This System and Develop and Improve its Efficiency.

 In Order to Organize This Research, While Observing the Authenticity of the Texts, Honesty and Fidelity Have Been Observed.

Examining the Common Law System in the United States and the United Kingdom, We Find that the Principle of Optionality Applies to Electronic Service and Courts Use Electronic Service in the Case of Consent, as Well as in Cases Where They are Frustrated by Traditional Means; This Indicates that Electronic Service has Come to the Aid of the Traditional System With the Help of the Judicial System, and that the Courts Should not Approach the Elimination of Traditional Methods.