E-litigation and its impact on justice in Saudi courts from the perspective of judges and sheikhs (An analytical study of legal and technical transformations considering modern technologies)

Abstract

The current study aimed to identify the impact of remote litigation on justice in Saudi courts from the perspective of judges and sheikhs, determine its impact on the speed of case completion, and analyze its effect on the provision of justice to citizens. The study also aimed to determine the effects of remote litigation on the efficiency of the judicial system, analyze the potential challenges and risks of remote litigation technology, examine the impact of remote litigation on transparency and reliability in the judicial system, assess the readiness of the Saudi judicial system to adopt remote litigation, and determine the extent of statistically significant differences between the responses of the study sample members attributable to variables such as gender, age, and educational level. The study relied on the descriptive analytical approach, developing a questionnaire consisting of 40 statements divided into six axes. The validity and reliability of the study tool were verified before it was distributed electronically. A simple random sample of 396 units from the community of judges and sheikhs responded to the questionnaire, in addition to a 25-unit pilot sample. One of the most prominent findings of the study was that the study sample's degree of agreement on the six questionnaire axes was ranked in descending order as follows: The first axis, "Evaluating the extent of the impact of remote litigation on the speed of case completion," ranked first, with a "very high" approval score and an arithmetic mean of 4.42. The second axis, "Analyzing the extent of the impact of remote litigation on providing justice to citizens," ranked second, with a "very high" approval score and an arithmetic mean of 4.33. The fifth axis, "Studying the extent of the impact of remote litigation on the transparency and reliability of the judicial system," ranked third, with a "very high" approval score and an arithmetic mean of 4.24. The sixth axis, "Evaluating the readiness of the Saudi judicial system to adopt remote litigation," ranked fourth, with a "high" approval score and an arithmetic mean of 4.14. The fourth axis, "Analyzing the extent of the ability of remote litigation technology to overcome potential challenges and risks," ranked fifth, with a "high" approval score and an arithmetic mean of 4.08. Finally, the third axis, "Examining the extent to which remote litigation can exceed the efficiency of the judicial system," ranked sixth, with a "high" approval rating and an arithmetic mean of 3.90. The results also showed no statistically significant differences between the study sample's responses regarding the impact of remote litigation on justice in Saudi courts, attributable to variables such as gender, age, and educational level. The study concluded with recommendations, including the need to strengthen and develop the technical infrastructure of courts, update judicial legislation in line with the digital transformation, provide ongoing training programs for judges and other parties involved in the judicial process, and enhance the reliability and security of digital judicial data.