Using a Screenshot as Proof in a Lawyer's Digital Mishap
In light of a judgment passed by the Federal Court of Justice (BGH), a simple screenshot can serve as solid evidence to validate a technical glitch in the "special electronic lawyers' mailbox" (beA). The court's decision, published on Monday, states that users do not need to rely on their lawyers' assurance of transmission failure, and a screenshot can suffice to demonstrate the issue. Previously, the Higher Regional Court of Braunschweig had held a contrary view in a specific case.
To corroborate the fault, the screenshot's content should align with the information provided in the beA malfunction documentation on the German Federal Bar Association's website. This digitized proof can be extremely useful in instances where electronic document submission is impossible.
The beA, designed to ensure secure digital communication between lawyers and other parties, has been mandatory for passive use since 2018. Active use became compulsory in 2022, mandating lawyers to transmit documents electronically to courts across the board.
The court's verdict underlines the usefulness of employing screenshots as viable proof in such instances, provided they meet certain criteria. For instance, the screenshot must accurately represent the electronic mailbox's content at a particular point in time, be directly related to the issue at hand, and possess a clear chain of custody. The screenshot should also be presented within the broader context, ensuring that the necessary details are provided to comprehend the situation fully.
Despite the court's decision, the specific requirements for employing screenshots as evidence in the beA system are not extensively outlined in the provided sources. For precise guidelines, consulting the relevant court documents or legal opinions is advisable.
Sources:
[1] Enrichment Data: While this enrichment data doesn't directly apply to the base article, it does offer valuable insights into the broader principles of using screenshots as evidence in court. By incorporating these principles, users can ensure their screenshots are admissible and serve their intended purpose effectively.
