Does Electronic Judicial Notification Require Amendment?

The judicial notice is one of the most important procedures before courts, as it ensures that a person is aware of a lawsuit filed against them and grants them the opportunity to defend their rights. With technological advancements in Kuwait, the Ministry of Justice has adopted electronic means for serving notices, such as the “Sahel” and “Huwiyati” applications, as well as text messages and email.

From my perspective, the use of technology in judicial notice is a positive step. However, there is an issue that requires clear legal regulation: outdated contact information. Individuals or companies may change their phone numbers or email addresses without updating their records with government authorities, which can result in notices not being received and delays in case proceedings.

Therefore, I believe the law should clearly define the responsibilities of each party. If a person is aware of a change in their contact details and fails to update them, it is reasonable for them to bear the consequences. Conversely, if a person has correctly updated their information but an error occurs due to the government authority or the electronic system, they should not be held liable for that error.

I propose adding a legal provision stating that “individuals and legal entities are obligated to update their electronic contact information registered with the relevant government authorities whenever any changes occur. The information recorded at the time of service shall be considered valid, unless it is proven that the error or inaccuracy of the information is attributable to the government authority.”

Furthermore, I suggest that, in the future, an official judicial electronic address be established for every individual and company, linked to the civil ID or commercial registration, and used for all judicial notices.

In conclusion, the development of judicial notice should not be limited to the use of applications and electronic means; it must also be accompanied by the development of legal rules. The goal is to achieve a balance between the speed of litigation procedures and ensuring the individual’s right to be informed of the lawsuit and to defend themselves.

Khaled Waleed Abdullah Al-Mutairi

College of Business Studies, Law Major