Judicial principles and studies
Service on Agents / Conditions for Valid Electronic Notification
A brief summary setting out when serving court papers on a lawyer-agent by electronic or mobile means is valid, and when such service is void and ineffectual.
Courts and procedure
Judicial principles and studies
Updated: 10 September 2026
Editorial summary of a judicial principle or decision; consult the source below and do not treat the firm as the author of the decision.
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A brief summary setting out when serving court papers on a lawyer-agent by electronic or mobile means is valid, and when such service is void and ineffectual.
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Subject
This summary addresses service of court papers on a lawyer-agent and the conditions under which electronic or mobile notifications (email, SMS, WhatsApp) produce legal effects.
Summary
Service on a named lawyer-agent listed in the power of attorney is permitted where the power does not require agents to attend jointly. For an electronic or mobile notification to be effective it must be sent to the email address or mobile number that the agent declared when the case was filed, the appeal was lodged, or the power of attorney was deposited. If agents did not provide contact details and the case file lacks an official record showing that the notified phone or email belongs to the agent, then the notification relied on by the appellate court to try the appellant in absentia is void and has no effect under Article 16 of the Civil Procedure Law.
Practical significance
Parties and their agents should ensure that agents' official email addresses and mobile numbers are recorded at filing or on deposit of the power of attorney and evidenced in the case file. An appellate finding that a first-instance in‑absentia service was proper may be premature where the appellant was absent and presented a legitimate excuse. This is a general educational summary and not a judicial text or legal advice.
Frequently asked questions
Subject?
This summary addresses service of court papers on a lawyer-agent and the conditions under which electronic or mobile notifications (email, SMS, WhatsApp) produce legal effects.
Summary?
Service on a named lawyer-agent listed in the power of attorney is permitted where the power does not require agents to attend jointly. For an electronic or mobile notification to be effective it must be sent to the email address or mobile number that the agent declared when the case was filed, the appeal was lodged, or the power of attorney was deposited. If agents did not provide contact details and the case file lacks an official record showing that the notified phone or email belongs to the agent, then the notification relied on by the appellate court to try the appellant in absentia is void and has no effect under Article 16 of the Civil Procedure Law.
Practical significance?
Parties and their agents should ensure that agents' official email addresses and mobile numbers are recorded at filing or on deposit of the power of attorney and evidenced in the case file. An appellate finding that a first-instance in‑absentia service was proper may be premature where the appellant was absent and presented a legitimate excuse. This is a general educational summary and not a judicial text or legal advice.
Sources and references
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