When is a decision or other document sent electronically by the Constitutional Court treated as having been served, if the recipient confirms it or stays silent?
General information · Not legal advice
Material to check
In a practice file we read the record showing the document was entered and registered in the electronic information processing system, the electronic notice telling the recipient of that registration, and the confirmation record the system holds, since the provision turns on the registration, the notice and the confirmation.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision at its word: where a document to be served has been entered and registered in the system and the recipient of the notice of registration then confirms the registered electronic document in the manner the Constitutional Court Rules prescribe, service is deemed made at that confirmation, with the same effect as service on paper.
Another reading concerns the recipient who does not confirm: if no confirmation is made within the period the provision sets from the day the notice of registration was given, service is deemed made on the day that period passes, so silence does not defeat service; the provision also allows service under the Civil Procedure Act instead where the system is out of order or another reason the Rules prescribe arises.
Your judgment
If the recipient says the notice of registration never arrived, what in the file could show whether the deemed service date applies?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the period after the notice of registration, or if the Constitutional Court decides when service may be set aside because the notice never reached the recipient.