Must you prove the defendant opened the email?
Colombia's Supreme Court has held that notice by email does not depend on the message being opened. What is proved instead, and what opens are for.
Notes on notice by data message
Questions that keep coming up in court, answered with the statute and the case law in view.
When notice is complete and when the term starts: two different dates
Article 8 of Ley 2213 separates notice being complete, two business days after sending, from the moment the term starts running. How each is counted.
Article 8 and CGP articles 291 and 292: two regimes that do not mix
Notice under article 8 of Ley 2213 and notice under the CGP coexist in Colombia, with different requirements. What each demands and why not to mix them.
Keep reading
- Guide: personal notification under art. 8, Ley 2213 de 2022Requirements, the sworn statement, receipt, when notice is complete and what to file.
- Is notification by email valid?Requirements, proof and nulidad under art. 8 of Ley 2213 de 2022.
- Is certified mail mandatory?What art. 8 requires to notify, and what the Corte Suprema has held.
- Certified email: what does the law require?What the term names, and what the law requires to notify under art. 8.
- Nullity for defective notificationWhat the party asking must state and what the judge weighs.
- Term of the traslado de la demandaDays to answer by type of case, from the text of the CGP.
- CGP arts. 291 and 292 compared with art. 8Citación, aviso and data message: what each route requires.
- Art. 8 notification modelWhat the message and the memorial Notificado prepares contain.
- When does the CGP call for postal certified mail?The postal route of arts. 291 and 292 of the CGP, and what art. 8 of Ley 2213 de 2022 provides to notify by data message.
- Printable checklistEvery step of an article 8 notification, to tick off before filing the memorial.
- Key case lawThe Constitutional Court and Supreme Court rulings that set the rule.
- Term calculatorFrom the send date: notice complete, and the start and end of the term, in business days.