Observation by Guangdong Zhiming Law Firm: Implementation of Legal Technology and AI Judicial Applications, 15 Day Objection Period for Electronic Delivery, and Practical Points of Online Litigation Rules

Electronic delivery is not about 'sending it out and getting it delivered'.If the court delivers the judgment, ruling, or mediation agreement electronically, you have a 15 day objection period from the day after the system confirms receipt; If not mentioned after expiration, delivery will take effect.This is currently one of the easiest pitfalls in online litigation, and Guangdong Zhiming Law Firm has repeatedly emphasized this point to the parties involved in multiple recent cases. No matter how convenient legal technology is, the window period for exercising rights will not be automatically extended.

The difference between electronic delivery and traditional mail is not only in terms of "speed"

Article 87 of the Civil Procedure Law stipulates that with the consent of the person to be served, the court may use electronic means such as fax, email, etc. that can confirm receipt to serve litigation documents. Judgments, rulings, and mediation agreements can also be delivered electronically, but the prerequisite is that the parties agree in advance and not "presumed agreement". In practice, we generally recommend that corporate clients clearly include their email address, phone number, and WeChat channel when signing the delivery address confirmation letter, instead of leaving only a landline that they haven't checked for years. Because once the electronic delivery is successful, the system will leave a trace, and saying 'not received' is basically untenable. Especially for the judgment, the arrival time of electronic delivery directly determines the starting point of the 15 day appeal period. Many parties may think that 'if the email is not opened, it is not considered delivered' when they first encounter it, but this understanding is wrong.

The Online Litigation Rules of the People's Court have further refined the effectiveness of electronic service, and the date of confirmation of receipt is subject to system feedback. If the system shows successful delivery, but the parties claim that they did not actually check, the court generally will not accept it. Guangdong Zhiming Law Firm often encounters clients who have changed their phone numbers but have not updated their delivery information when representing clients from other regions, resulting in missing the deadline for presenting evidence. This type of risk can be completely avoided in advance.

On which day does the 15 day objection period start counting

The objection period for electronic delivery refers to whether the electronic address specified in the "Confirmation of Delivery Address" is valid and whether the recipient has received it. If you believe that electronic delivery is illegal, such as the court sending it to a certain email without your consent, you can raise an objection to the court within 15 days after receiving it. This 15th is a natural day, not a working day, and the last day will be postponed if it is a holiday. If it is submitted after 15 days, the court usually no longer reviews it and directly considers it as legal service. We generally recommend: on the day of receiving an electronic delivery SMS or system notification, take a screenshot and save it, record the timestamp, and then forward it to the agent lawyer as soon as possible, without delaying until the 14th day to view it. Because raising objections requires written materials, and it takes time to submit them by mail or online.

Article 29 of the Online Litigation Rules of the People's Courts also stipulates that if a party objects to electronic service, the court shall review it. During the review period, it does not affect the progress of the litigation process. That means if you raise an objection, the case will not stop. So the truly effective approach is to 'raise objections while preparing for litigation', rather than waiting.

In online litigation rules, the time nodes for evidence presentation and cross examination are harder

Online litigation is not about simply sending a document. The "Online Litigation Rules of the People's Court" have clear requirements for online evidence collection and cross examination: the parties shall upload evidence materials through the litigation platform within the time limit specified by the court, and may not be accepted after the deadline. In practice, many parties believe that sending a message to a judge's assistant in a WeChat group is considered a submission and does not count. We must go to the platform. Currently, courts in Shenzhen commonly use the "Shenzhen Mobile Micro Court" and "Guangdong Justice" mini programs. The deadline for presenting evidence is usually stated in the acceptance notice, usually 15 or 30 days, starting from the date of receipt of the notice. If you fail to upload the evidence within the deadline and make up for it later, the court may order you to explain the reasons or even refuse to cross examine it directly.

In addition, the transcript of the online trial is confirmed by electronic signature. After the trial is over, the clerk will push the transcript to your phone, and you need to confirm it within a designated time (usually 24 or 48 hours). If not confirmed, it shall be deemed that there is no objection to the transcript. Many parties participating in online court hearings for the first time thought that "quitting is enough", but did not confirm the transcript. Later, it was too late to change their testimony.

The key to using legal technology tools well is to leave a mark

Many courts now use AI to assist in generating documents and intelligently pushing cases. For the parties involved, this is not a bad thing, but you should know that the AI generated draft of the document will also be manually checked by the judge. If the format of the materials you submit is not standardized, the evidence directory is chaotic, and AI cannot recognize them, it will be your own fault.Shenzhen contract dispute lawyerIt is generally recommended that corporate legal departments number contracts, delivery notes, and statements in chronological order, scan them into PDFs, and name each file clearly. Don't post a bunch of phone photos, both judges and AI are headache inducing. Guangdong Zhiming Law Firm often helps clients reorganize the evidence chain when dealing with disputes over sales contracts. However, due to the disorganized nature of the original materials and system recognition errors after online submission, it actually wastes time.

Another point is that the legal effect of electronic signatures and blockchain certificates on online litigation platforms has been confirmed by Article 16 of the People's Court Online Litigation Rules. But the prerequisite is that the certification platform must comply with regulations. The court may not necessarily recognize the use of a cloud storage certificate. At present, it is relatively safe to use a court recognized certification platform or directly notarize.

What should business owners and employees pay attention to respectively

The most important thing for business owners is to take the delivery address confirmation letter seriously. Any changes to the company's registered address, legal resignation, or email suspension must be promptly notified in writing to the court and the other party. Otherwise, if the electronic delivery is sent to the old email, the system will display as successful, and you will miss the appeal period. After the judgment takes effect, you will have to go through a retrial, which is extremely difficult. On the side of migrant workers, electronic delivery is also widely used in labor arbitration and litigation. For example, the Labor Dispute Arbitration Commission in Shenzhen will send a notice of court hearing via SMS. If you have changed your phone number but haven't updated it, please handle it as a withdrawal request. If you want to reapply, it will be troublesome.Shenzhen Labor Arbitration LawyerIt is generally recommended that workers leave a frequently used mobile phone number and activate SMS reminders when submitting arbitration applications.

In addition, online court hearings have requirements for the network environment. If the home network is unstable, you can apply to attend the court's online trial room or communicate with the judge in advance to reschedule. Don't force the disconnection. If the disconnection lasts for more than a certain period of time, it may be considered as a mid course withdrawal and handled as a withdrawal of the lawsuit.

When encountering electronic delivery issues, do three things first

Firstly, take a screenshot immediately to save the delivery notification and record the time of receipt. Secondly, verify if the email and phone number provided in the delivery address confirmation document are yours. Thirdly, decide within 15 days whether to raise objections and prepare materials for the lawsuit. If you are unsure, it is much more cost-effective to see a lawyer instead of missing the deadline and then remedying. Guangdong Zhiming Law Firm has handled many inquiries that resulted in losing lawsuits due to delayed response to electronic delivery. After reviewing, it was found that most of them were caused by "thinking it was not important". Legal technology has improved efficiency, but it has not reduced the duty of care.

If you want to learn more about the operational details of online litigation, you can take a look at our previous compilation of Futian Court's implementation of remote court hearings to overturn the traditional court model, and Guangdong Zhiming Law Firm's invitation to become a member of the Minsheng Law Firm to assist legal public welfare. In addition, Zhiming Law Firm has added another international honor by officially becoming a member of the European Bar Association (AEA), which also demonstrates our continued investment in cross-border legal services. Electronic delivery and online litigation are equally applicable in foreign-related cases. For more industry news, you can follow the industry news column.

Practicing lawyer at Guangdong Zhiming Law Firm
Consultation Hotline: 0755-25986969

Disclaimer: The content of this article is for general legal knowledge sharing only and does not constitute legal advice or agency commitment for any specific case. Legal technology and online litigation rules may change with judicial policy adjustments, please refer to the latest laws and regulations and the actual requirements of the accepting court. If you encounter specific disputes, it is recommended to consult a practicing lawyer in a timely manner.