La citación por correo electrónico como acción opcional no imperativa establecida en el Código Orgánico General de Procesos

Abstract

Abstract: The objective of this paper is to analyze the Judicial Citation by e-mail as an optional non-mandatory action established in the Ecuadorian General Organic Code of Processes - COGEP. This new normative body determines as a substantial phase of the civil process the citation; However, within the forms to perform it when speaking that can be done by email establishes that this modality does not replace the official citation, therefore creates procedural uncertainty about what was the essence to establish it as an optional practice, if only seeks that the defendant appears voluntarily, citing himself when reading in his email the extract of the lawsuit and the initial order, or evaluating the legal effectiveness of using the Information and Communication Technologies - ICTs, as a procedural mechanism to speed up judicial proceedings in civil matters and generate scenarios of future technological modernization within the Administration of Justice.