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.
Blog
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.
Resources
Keep reading
- Guide: serving a lawsuit by emailRequirements, the sworn statement, receipt, when notice is complete and what to file.
- 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.