Digital Transformation of Adversarial Civil Proceedings: Evidence as a Case in Point

Digitalization affects the adversarial principle of civil procedure. However, auxiliary and substitutive information technologies have different effects on civil proceedings and evidence. Auxiliary information technologies do not change the essence of adversarial principle but poor regulation threatens its implementation. In particular, the lack of independent legislative regulation on the admissibility of digital evidence leads to inconsistent judicial practice and violation of party equality. The approach to regulating and evaluating electronic evidence should be unified to provide the adversarial principle. Substitute technologies include artificial intelligence and automated platforms that automatically generate a list of necessary evidence, depending on the circumstances of the case. They can change the adversarial principle by turning it into a multiple choice. This approach is associated with certain risks: without proper supervision, it can undermine the adversarial principle and limit the independence of judges, thus reducing people’s confidence in the judiciary. To replace human decision-making, artificial intelligence has to be trained on transparent algorithms. Its activity should be controlled by protocols for monitoring and challenging automated decisions. A balanced approach that combines human and technological elements will help to maintain the impartiality and effectiveness of the justice system in the digital age.