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Promise of Efficiency under the New Civil Procedure Act of North Macedonia

Promise of Efficiency under the New Civil Procedure Act of North Macedonia

The new Civil Procedure Act (CPA) of North Macedonia(Official Gazette of the Republic of North Macedonia No. 151 dated 08.07.2026) introduces a number of provisions aimed at improving the efficiency of civil litigation through the use of electronic means of communication. The main novelties concern electronic submissions and online hearings, which will become applicable within 18 months after the CPA comes into force.

1. Electronic filings and electronic service of process

Once the new rules become applicable, parties represented by an attorney-at-law, legal entities, state authorities, including the Office of the State Attorney, local self-government units, and entities vested with public powers will be obliged to file their submissions with the court in electronic form. If such party files a submission in paper form, the court will order them to resubmit the filing electronically within eight days. The date of electronic confirmation of receipt of the filing is considered the official filing date.

The CPA provides for the possibility for the court to serve documents on parties electronically via a qualified trust service provider to be registered with the Central Registry of the Republic of North Macedonia Electronic service will be deemed completed upon receipt of delivery confirmation. If the recipient does not retrieve the electronic communication within eight days from its dispatch, the process will be deemed served upon the expiry of that period. Only expert reports will have to be served in paper form.

Electronic service of process on individuals not represented by an attorney-at-law will be possible only at their request.

Judgments may be signed electronically with a qualified electronic signature of the judge (presiding judge in case of a bench trial). Judgment issued in electronic form can be served on the parties in electronic or paper form.

2. Taking of evidence

Documentary evidence in electronic form

The CPA clarifies the legal status of digitised documents. A document created by digitisation of a document which was originally created in paper form is treated as a copy of the paper original. Conversely, a print-out of a document which was created electronically is a copy of the original electronic document. When a party submits a copy of a document into evidence, the counterparty may request the court to order submission of the original.

Online hearings

CPA introduces a possibility of online hearings, including for the purpose of taking evidence when such evidence cannot be taken otherwise within a reasonable period, including when a witness is located abroad. Online hearings can be organized in the course of first-instance proceedings and during the appellate proceedings. An online hearing requires the use of technology that secures a two-way audio and video transmission in real time through a closed information and communications system. The audio-visual recording of such hearing constitutes an official electronic record. The court decision permitting an online hearing is not subject to appeal.

If the parties conclude a judicial settlement in the course of an online hearing, the settlement agreement is signed by qualified electronic signatures.

Electronic transcript

Hearings will be audio-recorded, and the audio file will constitute an official electronic record of the hearing. Parties may request access to the record in electronic form or in paper form. The audio file may not be used outside the proceedings in question. If there are no technical facilities for audio recording in the courtroom, the minutes of the hearing shall be prepared in paper form.

Written witness statements

The CPA recognizes the possibility of submitting a written witness statement signed by the witness with a qualified electronic signature, upon approval of the judge. However, the counterparty may request to cross-examine in person the witness whose direct testimony was given in a written statement.

Scheduling hearings by phone or e-mail

In urgent cases, the judge may schedule a hearing by telephone or e-mail.

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Conclusion

The new CPA contains good solutions capable of improving the efficiency of proceedings. By enabling electronic filing and service of process and online hearings at both first-instance and appellate levels, the CPA has the potential to shorten proceedings and reduce the costs associated with paper-based filings and in-person attendance.

However, realizing these benefits in practice will depend on technical capacity being in place before the relevant provisions become applicable: qualified electronic signatures and qualified trust service providers must be operational and courts must have access to a closed information and communications system capable of supporting online hearings. The 18-month transitional period is intended to allow this infrastructure to be established.

It therefore remains to be seen how the novel provisions will work in practice, and whether the technical and institutional readiness of the courts and the legal community will keep pace with the CPA's ambitions.

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