La citación telemática como una manera más de cumplir la citación por boletas.

Abstract

No. 0, published in the Official Gazette Supplement No. 345, the National Assembly of Ecuador resolved to reform Article 55 of the General Organic Code of Proceedings (COGEP) which regulated the summons by ballot. The main novelty of such reform was the introduction of the telematic subpoena with an unclear wording that assimilated it to the subpoena by means of communication and even gave it the character of subsidiary. Hence, the need to determine the scope of the referred article that regulates the telematic subpoena, in order to propose an effective solution to the problems that have been generated regarding its application and, in addition to this, to reveal the little understanding of the Ecuadorian justice operators about the subpoena supported by information and communication technologies. For such objectives, as qualitative approaches, hermeneutics and the inductive method were applied; having as main results that the analyzed article would contain an exclusive disjunction that would enable the subpoena by electronic ballots in two different cases but, especially, that its form of wording equivalent to that of the article that would regulate the subpoena by means of communication, would cause the problem on which this article focuses, since this was confirmed by the specific sample of the surveyed legal professionals on the latter. In this sense, since the subpoena is a substantial solemnity whose non-observance or improper practice could cause the nullity of the process or of the executed sentence, and since the judges misuse the spirit and content of article 55 of the COGEP, thanks to the medium similarity it maintains with respect to the article that would regulate the subpoena by means of communication, it becomes necessary to reform it.