Normalising the use of electronic evidence: Bring technology use into a familiar normative path in civil procedure

Abstract

Society is increasingly relying on technology for daily business and activities. This is linked to a rapid update in technology use and digitalisation with courts required to consider new forms of in an electronic environment. The global pandemic increased reliance on technology for justice services and accelerated its integration in the handling of claims. This shift has brought with it certain disruptions. The normative framework concerning electronic evidence is fragmented and still underdeveloped. The handling of new forms of evidence clashes with the traditional paper-based formats that are not able to display all the characteristics of electronic documents. The new Taking of Evidence Regulation (Regulation 2020/1783) adds provisions related to this type of evidence, but this is only partly sufficient for completing the legal framework. In analysing the integration of this new type of evidence into legal practice, the work of Canguilhem regarding the normal and pathological is used.