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The decree of August 28, 2012, defined the guarantees that must present the procedures used by judicial officers to serve documents electronically.
The Electronic:-
The means of electronic communication of judicial officers must be secure.
– The electronic service of documents is carried out by the use of a process of connecting to an independent private network (secure private network bailiffs) operated through the platform of secure electronic communication services called “e-bailiff”.
If the bailiff uses the Internet open to the public to connect to the RPSH, he uses cryptological means to preserve the confidentiality of the information. The control of the access of judicial officers to the RPSH is the subject of an authorization procedure operated by the CNHJ.
The document served electronically:-
The decree For the purpose of identifying the parties to the electronic communication, the judicial officer must have in his terminal equipment the RPSH certificate, resulting from a private-public key architecture (PKI) managed by the CNHJ. He must affix his qualified electronic signature when he serves a document electronically, and the integrity of the documents must be ensured during their transmission. Form requirements for judicial documents served electronically.
– The document served electronically is made available to the addressee, after it has been sealed and signed by the bailiff, in an electronic safe placed under the responsibility of the CNHJ. The recipient is informed by e-mail or by a message (SMS) formatted and sent by the bailiff through a platform dedicated to service by electronic means (called “SECURACT”). To enable court bailiffs to serve documents electronically, lawyers within the jurisdiction of the tribunal de grande instance or the court of appeal file their documents for transmission through a dedicated portal made available to them by the CNHJ. The lawyers in charge of representing the parties before the commercial court proceeds according to the same technical methods in order to allow the court bailiffs to perform the acts mentioned in article 672 of the Code of Civil Procedure. The information and supporting documents provided by the seized third party by virtue of a document served electronically are sent to the judicial officer electronically via an interface made available to him by the CNHJ.
Lawyer, Maître Grégory DAMY, at the bar of Nice.
