Principles and benefits of transparency in e-litigation with a look at Iranian and American law

Document Type : Original Article

Authors

1 PhD Student in Private Law - Islamic Azad University, Karaj Branch - Karaj - Iran

2 Associate Professor, Faculty of Law - Shahid Beheshti University - Tehran - Iran

3 Associate Professor, Faculty of Law - Islamic Azad University - Karaj - Karaj - Iran

10.30510/psi.2022.292445.1890

Abstract

Observance of transparency in judicial proceedings has been established as an essential principle and in accordance with the principles of due process, an inseparable connection with the electronic development of matters related to the proceedings. Given the United States' leadership in e-litigation, and of course the important steps that have been taken in this regard in Iran, the implementation of principles and rules related to the transparency of judicial proceedings, new findings and principles to achieve it before the system. Legal puts. In this regard, matters related to this purpose, including access to documents, electronic file formation and standardization of costs, have been announced. It is worth noting that cases such as substantive electronic proceedings and virtual testimony are among the examples related to the principle of speed, which need to be considered separately. Finally, the findings of this study, which is a comparative between the civil litigation system of Iran and the United States, with a descriptive-analytical method, the need to review and consider the first necessity mentioned in Iranian law relative to the United States and study the implementation method. Improving access to US courts, called pacer, provides transparency in civil litigation costs.

Keywords

Political Sociology of Iran
Volume 5, Issue 11
January 2023
Pages 3548-3564

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