Criteria for judicial notifications during the state of alarm
The CGPJ has established that, during the state of alarm, the judicial bodies may notify the resolutions they issue, but in proceedings not declared essential, the notification does not result in the lifting of the suspended deadlines.
The lifting of the limitations to the filing of procedural documents through telematic means entails a significant increase in the processing of judicial proceedings. Due to this circumstance and in order to meet the need for notification of the resolutions generated, the following measures have been adopted:
It is recommended that the Lawyers of the Administration of Justice of all jurisdictional bodies adopt the necessary measures to notify the resolutions issued in ongoing proceedings, whether they are declared essential or are part of any other, and whether they are procedural resolutions or those that put an end to the proceedings. However, it is agreed that in the case of resolutions issued in proceedings that have not been declared essential, the notification will not result in the lifting of the suspended deadlines (RD 463/2020).
Unless, due to exceptional circumstances, the judicial body or the addressee of the act of communication does not have the material means to do so, the notifications and the procedural acts that are the object thereof must always be made telematically.
When the notified resolutions give rise to a term that is not suspended because it is one of the procedures declared urgent or essential, it is indicated that this circumstance is expressly stated in the resolution itself.