Electronic service in civil proceedings – principles, effective date and procedural risks
E-service is not email correspondence, but a formal service of registered electronic service, in which the legislator attaches legal consequences to specific system events confirmed by proof of dispatch and receipt. Basing service on the address disclosed in the Electronic Address Database enhances the certainty of transactions, but at the same time means that organisational errors on the part of the addressee, including a lack of ongoing monitoring of the inbox, do not negate the effects of service effected at the correct registered address. In civil cases, where deadlines are often strict, the practical significance of this principle is particularly great.
The key issue is the moment of effective service. The structure of e-Service assumes that the decisive moment is that resulting from proof of receipt, rather than the subjective ‘familiarisation’ with the document. The legislator differentiates between situations depending on who the addressee is and the model of service used. In relation to non-public entities, what is important is the ‘receipt’ of correspondence, understood broadly as an action resulting in the addressee having the document in their possession and being able to familiarise themselves with its content. In relation to public entities, the legislator emphasises the ‘arrival’ of correspondence at the address, that is, the existence of technical conditions enabling receipt. Of particular significance is the mechanism of substitute service, provided for in relations between public and non-public entities, where the effect of service may occur after a specified period of time, even if the correspondence has not been physically received. It is precisely this automation of legal effects that means monitoring the inbox and the rapid identification of ‘time-sensitive’ documents cease to be a matter of good practice and become a prerequisite for procedural security.
Procedural risks in the e-service model arise primarily in situations where correspondence is overlooked or the deadline is calculated incorrectly, especially when the effect of service stems from statutory mechanisms independent of the actual reading of the document. An additional source of risk is the parallel operation of several communication channels, including the traditional form which is still in use. In practice, alongside e-Deliveries, there may be paper deliveries and the delivery and submission of documents via the Information Portal; these are separate procedures, with different rules regarding effectiveness and the method of determining the start of time limits. Consequently, in practice, it is of particular importance to determine on each occasion which procedure was used for service, and then to ensure constant monitoring of all channels through which correspondence is received, in a manner that guarantees continuity of service and compliance with procedural deadlines.
The attorney’s duties in practice and liability for breaches
In the context of the digitisation of service, the standard of due diligence for a representative encompasses both procedural and organisational activities. Merely having a formal address for e-Service is not sufficient. It is essential to ensure the smooth receipt of correspondence at all times, to verify system confirmations on an ongoing basis, and to organise the flow of information within the law firm so that any document arriving in the inbox is immediately recorded and assigned to the relevant case. It is equally important to consistently distinguish whether correspondence has been delivered via e-Delivery or via the Portal, and then to determine the start of the time limit on the basis of the relevant system confirmation. In the event of a missed deadline, the burden of proof usually centres on demonstrating the absence of fault in the breach and on complying with the formal and temporal requirements prescribed for remedial measures. In disputes where technical failures or difficulties form the backdrop, it is crucial to reliably document the sequence of events and to demonstrate that immediate action was taken once the obstacle had been removed.
From the perspective of the firm’s clients, the practical conclusion is simple. Effective handling of civil cases increasingly requires not only sound substantive arguments, but also efficient procedures for monitoring service of documents and electronic files, as these are what actually determine whether deadlines are met and procedural rights are preserved. If your case is proceeding in an increasingly digital environment, it is worth ensuring that communication with the court and the other party to the dispute is conducted in an orderly manner, and that time-related risks are identified and mitigated on an ongoing basis. Our firm can assist both in the day-to-day conduct of proceedings and in auditing office procedures relating to e-service and electronic document circulation, so as to minimise the risk of breaches and their procedural consequences.
Adrianna Bracichowicz is a dedicated lawyer at our firm, specializing in business law and also in litigation law. She graduated with a master's degree from the University of Wroclaw, and also developed her skills while studying at the University of Bergen in Norway under the Erasmus+ program. She is currently continuing her legal education by completing the first year of her lawyer's apprenticeship.
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