Email (electronic mail), as a method of submitting documents to the court in civil litigation proceedings, shall be considered valid if the conditions prescribed by Article 98, paragraph 2, and Article 129 of the Civil Procedure Act (“Official Gazette of the RS”, Nos. 72/2011, 49/2013 – Constitutional Court decision, 74/2013 – Constitutional Court decision, 55/2014, 87/2018, 18/2020, and 10/2023 – other law), as well as the conditions set out in Article 157a of the Court Rules (“Official Gazette of the RS”, Nos. 110/2009, 70/2011, 19/2012, 89/2013, 96/2015, 104/2015, 113/2015 – correction, 39/2016, 56/2016, 77/2016, 16/2018, 78/2018, 43/2019, 93/2019, and 18/2022), in Article 57 of the Law on General Administrative Procedure (“Official Gazette of the RS”, Nos. 18/2016, 95/2018 – authentic interpretation, and 2/2023 – Constitutional Court decision) and in the provisions of the Law on Electronic Document, Electronic Identification and Trust Services in Electronic Business (“Official Gazette of the RS”, Nos. 94/2017 and 52/2021), are met.
Email in Civil Litigation – Validity Requirements under the Provisions of the Civil Procedure Act
The Civil Procedure Act (“Official Gazette of the RS”, Nos. 72/2011, 49/2013 – Constitutional Court decision, 74/2013 – Constitutional Court decision, 55/2014, 87/2018, 18/2020, and 10/2023 – other law) introduced modern technologies such as email into civil proceedings through the provisions of Articles 98 paragraph 2 and 129.
Email has been permitted as a method of submitting documents in civil litigation since 1 February 2012, the date the Civil Procedure Act came into force.
According to Article 98, paragraph 2 of the Civil Procedure Act (“Official Gazette of the RS”, Nos. 72/2011, 49/2013, and 55/2014), written form requirements are also fulfilled by submissions sent to the court via telegram or email, in accordance with a special law.
The provisions of Article 129 of the Civil Procedure Act (“Official Gazette of the RS”, Nos. 72/2011, 49/2013 – Constitutional Court decision, 74/2013 – Constitutional Court decision, 55/2014, 87/2018, 18/2020, and 10/2023 – other law) establish the following conditions for the legal validity of submitting documents electronically in civil proceedings:
- Documents may be delivered electronically, in accordance with special regulations.
- Electronic delivery is considered completed if it allows for confirmation that the recipient has received the document.
- Confirmation of receipt of a document delivered electronically consists of a printed electronic record showing the date and time the data transmission device recorded that the document was sent to the recipient, along with the sender’s and recipient’s names and the title of the document.
Email in Civil Litigation – Validity Requirements under Special Regulations
Court Rules
According to Article 157a of the Court Rules (“Official Gazette of the RS”, Nos. 110/2009, 70/2011, 19/2012, 89/2013, 96/2015, 104/2015, 113/2015 – correction, 39/2016, 56/2016, 77/2016, 16/2018, 78/2018, 43/2019, 93/2019, and 18/2022), electronic documents in the form of an original electronic file, equipped with a valid electronic signature and a time stamp, may be received by the court through a designated electronic document reception program, in accordance with special regulations, after the electronic signature and time stamp have been verified using appropriate technical tools.
Under the same provision, electronic documents are submitted to the court via email, using the email address designated by the court for the receipt of electronic submissions, or by other electronic means, in accordance with the law. If the law requires that a document be signed by a specific person, this requirement is deemed fulfilled for an electronic document if the name and surname of the relevant person are indicated at the end of the electronic document and the document is signed with that person’s qualified electronic signature.
Law on Electronic Document, Electronic Identification and Trust Services in Electronic Business
The Law on Electronic Document, Electronic Identification and Trust Services in Electronic Business (“Official Gazette of the RS”, Nos. 94/2017 and 52/2021) stipulates that electronic communication and electronic delivery between public authorities and parties shall be carried out in accordance with the law regulating general administrative procedure, the law governing electronic administration, and other relevant regulations, as well as through the use of qualified electronic delivery services.
This law regulates the following areas: electronic documents, electronic identification, and trust services in electronic business.
I. Electronic Document
An electronic document is a set of data composed of letters, numbers, symbols, graphics, audio, and video material, in electronic form, created using one of the available and applicable information and communication technologies, unless otherwise prescribed by law. Its validity, evidential value, or written form cannot be contested solely on the grounds that it exists in electronic form.
Original and Copy of an Electronic Document
The original electronic document is considered to be an electronic document that was originally created in electronic form, as well as an electronic document that contains an identical digital record of the original electronic document. A document that has been digitised, as well as a printed copy of an electronic document, has the same evidential value as the original if the cumulative conditions prescribed by the provisions of the Law on Electronic Document, Electronic Identification and Trust Services in Electronic Business (“Official Gazette of the RS”, Nos. 94/2017 and 52/2021) are fulfilled.
A copy of an electronic document on paper is produced by printing the external form of the electronic document.
An electronic document created by digitising a non-electronic original is considered to be a copy of the original document.
Acknowledgement of Receipt of an Electronic Document
An acknowledgement of receipt of an electronic document serves as proof that the document has been received by the recipient.
The acknowledgement of receipt is issued either by the recipient of the electronic document or by a provider of electronic delivery services.
The obligation to issue an acknowledgement of receipt, as well as its content elements, is regulated either by legal provisions or by agreement between the parties, unless otherwise provided by law.
II. Electronic Signature
According to the provisions of the Law on Electronic Document, Electronic Identification and Trust Services in Electronic Business (“Official Gazette of the RS”, Nos. 94/2017 and 52/2021), an electronic signature is a set of data in electronic form that are attached to or logically associated with other (signed) data in electronic form, so that the electronic signature confirms the integrity of that data and the identity of the signatory.
A qualified electronic signature is an advanced electronic signature that is created using a qualified electronic signature creation device and that is based on a qualified certificate for electronic signature and that is issued by a provider of qualified trust services in accordance with the Law on Electronic Document, Electronic Identification and Trust Services in Electronic Business (“Official Gazette of the RS”, Nos. 94/2017 and 52/2021).
Legal Effect of an Electronic Signature
The validity or evidential value of an electronic signature cannot be contested solely because it is in electronic form or because it does not meet the requirements for a qualified electronic signature.
A qualified electronic signature has the same legal effect as a handwritten signature and may replace the certification of a handwritten signature if prescribed by a special law.
The provisions of the Law on Electronic Document, Electronic Identification and Trust Services in Electronic Business (“Official Gazette of the RS”, Nos. 94/2017 and 52/2021) that regulate the legal effect of the electronic signature and the qualified electronic signature do not apply to the following legal transactions:
- To legal transactions for which it is prescribed by a special law that they may not be undertaken in electronic form, as well as to
- Contracts and other legal transactions for which it is prescribed by a special law must be drawn up in the form of certified signatures, publicly certified (solemnised) documents, or in the form of a notarial deed, which must be prepared in accordance with the regulations governing certification of signatures, confirmation, and preparation of documents for legal transactions.
III. Electronic Time Stamp
According to the provisions of the Law on Electronic Document, Electronic Identification and Trust Services in Electronic Business (“Official Gazette of the RS”, Nos. 94/2017 and 52/2021), an electronic time stamp is the official time attached to data in electronic form, which confirms that such data existed at that specific point in time.
A qualified electronic time stamp is an electronic time stamp that meets the conditions established by this law for a qualified electronic time stamp and is issued by a provider of qualified trust services in accordance with the Law on Electronic Document, Electronic Identification and Trust Services in Electronic Business (“Official Gazette of the RS”, Nos. 94/2017 and 52/2021).
Legal Effect of the Electronic Time Stamp
The validity or evidential value of an electronic time stamp cannot be contested solely because it is in electronic form or because it does not meet the conditions for a qualified time stamp.
For a qualified electronic time stamp and the data to which the time stamp is attached, there is a legal presumption of the accuracy of the date and time indicated in the time stamp, as well as the preservation of the integrity of that data in relation to that point in time.
IV. Legal Effect of the Electronic Delivery Service
The legal force and admissibility as evidence of data sent or received via an electronic delivery service cannot be contested solely because such data is in electronic form or because it does not meet all the conditions of a qualified electronic delivery service.
For data in an electronic message sent or received via a qualified electronic delivery service, there is a legal presumption of the integrity of the data, sending by the designated sender, receipt by the designated recipient, and the reliability of the date and time of sending or receiving.
Law on General Administrative Procedure
The Law on General Administrative Procedure (“Official Gazette of the RS”, Nos. 18/2016, 95/2018 – authentic interpretation, and 2/2023 – Constitutional Court decision) contains specific provisions on electronic communication, which are set out in Article 57. According to Article 57 of the Law on General Administrative Procedure (“Official Gazette of the RS”, Nos. 18/2016, 95/2018 – authentic interpretation, and 2/2023 – Constitutional Court decision), the authority shall publish on its website information about the possibility of electronic communication between the authority and the party, the fact that electronic documents may be submitted to the authority, and that the authority sends electronic documents to the party, as well as the manner in which it does so.
According to the same provision, a party may communicate electronically with the authority if they have previously agreed to do so or if it is prescribed by a special regulation. If an electronic document sent to the party is not legible, the party may request that the authority send the document in another suitable form. If the electronic document sent to the authority is not legible, the authority shall request that the party submit the document in another suitable form within a set deadline, and shall inform the party that, if they fail to comply within the given deadline, it will be deemed that the document has not been submitted.
Last update: 2. 10. 2025.
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