La validez de la prueba electrónica en procesos no penales y la seguridad jurídica

Technological advancements have influenced procedural law, as electronic evidence may contain information relevant to legal disputes. This has led various jurisdictions, including Ecuador, to recognize and regulate this type of evidence. However, there are differences between criminal and civil law regarding the codification of electronic evidence. Civil law takes into account certain general aspects for its presentation in civil and non-criminal proceedings, whereas in the criminal domain, specific technical criteria must be met to ensure its validity.These characteristics are significant, as in practice, they imply that both justice operators and procedural subjects may have technical difficulties when incorporating and presenting electronic evidence. Therefore, the aim of this article is to analyze whether the normative regulation in non-criminal proceedings is comprehensive and allows for clear and prior rules that guarantee elements of the right to legal certainty.In such a way that the authors have made a systematic verification of bibliography related to the subject, to know doctrinal criteria and analyze the existing norms. With which it is concluded that there is a normative vacuum around the practice of electronic evidence in non-criminal processes that threatens legal certainty in Ecuador.