The answer to this question is crucial to the validity of any legal action and ultimately to the success of the case. The assessment of compliance with the time-limit for filing any documents with the court depends essentially on their type. The distinction which interests us in this case is the division of documents into those physically lodged at the registry of the court and those sent by post or electronically.
For documents lodged at the registry of the court, the time-limit will be deemed to have been complied with if the requirement that this must have been done by the close of the court’s business hours on the day on which the time-limit for lodging is to be served is complied with. This rule must be complied with even where the documents are lodged with another court or public prosecutor’s office. They will be deemed to have been lodged within the time limit even if they are not lodged with the proper court or public prosecutor’s office, provided that the requirement that this must have been done by the end of the working hours of the office concerned on the day on which the deadline expires is complied with.
For documents lodged by post or by e-mail (where they are electronic documents), the time limits for lodging shall be counted in accordance with the general rules. Thus, the last day of the time limit shall continue until the end of the twenty-fourth hour of that day and shall not be deemed to have been missed where the application is sent by post and after the close of business of the court/prosecutor’s office. This rule shall also apply by analogy to documents sent by electronic mail, i.e. documents sent using an electronic mail service. In other words, it is irrelevant whether the document is sent before or after the court’s closing time, as it is not an act or a production of a document in court.
Pursuant to Order No. 60308/02.08.2021 SCC, Second Division, Commercial Chamber