Journal of Human Security

The Use of Electronic Means in Litigation

Abeer Mazen Al-Amayreh
Faculty of Law, Department of Private Law, Zarqa University, Jordan, Zarqa.
Yasar Al-Hunaiti
Faculty of Law, Zarqa University, Jordan, Zarqa.
Omar Al-Makhzoumi
Faculty of Law, Zarqa University, Zarqa, Jordan
Hani Aljahdali
College of Law, University of Business & Technology, Jeddah, Saudi Arabia.

Abstract

In recent years, the utilisation of electronic technologies has undergone considerable and transformative growth across multiple domains of daily life. This evolution has extended to the sphere of litigation and evidentiary procedures, prompting the enactment of legal frameworks designed to regulate the employment of electronic tools in judicial contexts, with provisions ensuring the protection and security of individuals engaging with such technologies. Accordingly, this study seeks to examine the use of electronic resources within legal proceedings and to elucidate their significance as evidentiary instruments, with particular attention to the principle of functional equivalence and the assessment of the probative weight of electronic documents. The findings indicate that the Jordanian legislature has made substantial progress in adapting to technological advancements, recognising that the increasing integration of digital tools into all areas of human activity is a prominent and ongoing trend, particularly within litigation and evidence management. By enacting legislation that governs the application of electronic methods in judicial processes, the legislature has responded effectively to these developments. Moreover, by incorporating the principle of functional equivalence, which accords electronic records the same status as traditional written documents, the law ensures their protection, reliability, and facilitates the validation of transactions conducted electronically. Finally, the research provides several recommendations which, from the perspective of the researchers, could enhance the utilisation and effectiveness of these electronic resources in legal contexts.

Keywords: Electronic Means, Principle of Functional Equivalence, Electronic Evidence, and Electronic Documents. ,