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Part III · Conducting Court Proceedings Using Remote Communication Technology

4. Conducting court proceedings using remote communication technology

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

Notwithstanding anything contained in any other written law, where, in any action, application, appeal or other proceeding before a court of first instance, –

(a)

any person is unable to appear in court; or

(b)

the proceedings of the court cannot be conducted under the ordinary procedure, due to any COVID - 19 circumstance, such action, application, appeal or proceeding before such court may be conducted by means of a live video or live television link created using a remote communication technology.

(2)

The provisions of–

(a)

the Supreme Court (Electronic Filing and Urgent

Digital Virtual Hearings) (Special Provisions) Rules,

2021 published in the Gazette Extraordinary

No. 2212/54 of January 29, 2021;

(b)

the Court of Appeal (Electronic Filing and Urgent

Digital Virtual Hearings) (Special Provisions) Rules,

2021 published in the Gazette Extraordinary

No. 2216/8 of February 23, 2021; and

(c)

any other Supreme Court Rule or Court of Appeal

Rule as may be made under Article 136 of the

Constitution within the period of operation of this

Act, in relation to conducting of court proceedings using remote communication technology, shall, mutatis mutandis, apply to the extent possible, in relation to any action, application, appeal or proceeding conducted before any court of first instance under subsection (1).

Part IV

General