“The legal effectiveness of the telematic subpoena: tensions between procedural speed and guarantees of the right to defense in the Ecuadorian COGEP.”

Abstract

The study presents a comprehensive analysis of judicial service of process in Ecuador, conceived as a procedural act essential to ensuring the right to defense and effective judicial protection. Through a normative, doctrinal, and jurisprudential review, the research traces the evolution of this institution from the framework of the Code of Civil Procedure (CPC) to its current regulation under the General Organic Code of Procedures (COGEP), highlighting the transition from a formalist model to one grounded in constitutional guarantees and technological modernization. Within this context, service of process ceases to be a mere formality and becomes a fundamental guarantee of due process and procedural legitimacy. The analysis is based on Articles 75, 76, and 82 of the Constitution of the Republic of Ecuador, which establish the principles of due process, legal certainty, and access to justice, as well as on Article 55 of the COGEP, governing service through physical and electronic notices. It also incorporates National Court of Justice Resolution No. 06-2025, defining “place of residence” and regulating electronic service, along with the BuzónEC Technical Standard (Ministerial Agreement MINTEL-MINTEL-2023-0018), which institutionalizes digital means within judicial communications. The discussion examines the interaction between procedural economy, celerity, and the right to defense, emphasizing the evidentiary challenges of electronic acknowledgment receipts in safeguarding due process. From a doctrinal standpoint, it underscores the need for authenticity, traceability, and effective confirmation of service to uphold legal certainty and prevent procedural nullities. The article concludes that telematic service represents a substantial advancement, provided its implementation remains consistent with Ecuador’s constitutional and procedural guarantees.