The results of a nationwide survey of regional courts on the introduction of electronic court files within the judiciary are now available (download the study: www.materna.de/justizstudie). The survey covered both courts that are already trialling electronic court files (pilot courts) and courts that do not yet work with electronic files (non-pilot courts). The study’s partners are the Chair of Political and Administrative Science at the University of Duisburg-Essen and the IT consultancy firm Materna Information & Communications SE. The project was supported by the German Judges’ Association (DRB). The survey provides in-depth insight into the expectations and assessments of judges and support staff at German regional courts regarding electronic case files compared with traditional paper files. The legislature stipulates that German courts must maintain their court files electronically by 1 January 2026 at the latest.
Respondents see the expansion of electronic case files as the way forward and attest to the high utility of electronic case management, but still see room for improvement, particularly in terms of integration. Across Germany, judicial authorities use a wide variety of applications and specialist procedures, which have led to different integration scenarios with the e-file systems already in use.
Regional courts from every federal state took part in the survey. Their expectations, experiences and assessments regarding the replacement of traditional paper files with electronic case management are reflected in the results. Topics covered included the advantages and performance, concerns and success factors, a comparison between electronic and paper files, and collaboration with other individuals.
Summary of the results
- Users in pilot courts are convinced of the future of electronic case files.
The study demonstrates a clear trend towards the expansion of electronic case files. Between 71 and 81 per cent, depending on the respondent group, agree with the statement that electronic case files are the future.
- Users in pilot courts rate the benefits of the e-file as high.
Around one in two users in pilot courts rates the benefits of the e-file as high or fairly high. This assessment is more pronounced amongst support staff than amongst judges.
- Interest in the e-file is particularly strong amongst the users surveyed in the pilot courts.
There is a marked personal interest in the e-file, particularly amongst users in the pilot courts. For three in four judges and nine in ten support staff, this interest is very high or fairly high. Among those who have not yet worked with the system, one in two judges reports having this interest. At the same time, almost two-thirds of this group state that they are more or less taking a wait-and-see approach to developments.
- Users experience fewer problems than non-users expect.
On many aspects, the proportion of respondents in the pilot courts who have encountered problems is significantly lower than non-users’ expectations. Nevertheless, users also report problems. Work restrictions caused by technical issues and updates, a lack of tactile feedback and premature fatigue are viewed as particularly problematic.
- Non-users are more sceptical than users.
Among the judges surveyed who do not yet work with electronic court files, more than one in three agree that retaining paper files makes sense. However, even amongst judges who already use electronic case files, almost one in four fully or somewhat agree with the statement that a return to paper files would be sensible. Conversely, more than three-quarters of support staff and more than two-thirds of judges do not consider a return to paper files to be sensible.
- Electronic case files are leading to new ways of working together.
Many judges and support staff report that new processes are still in the process of being established between them. It is striking that significantly more judges report taking on tasks previously carried out by support staff than the other way round.
- Knowledge amongst non-users tends to be rather low.
More than half of judges rate their general level of knowledge as very low or rather low. In all groups, information from their own court is most frequently used to expand their own knowledge.
- Some expectations have not yet been met.
The high expectations in non-pilot courts are not being met in practice in all cases. Even amongst users of the e-file, some expectations remain unmet, for example regarding searching and navigating the e-file – that is, how the contents of electronic files can be accessed technically.
- There are only a few differences between men and women.
Judges, whether male or female, hold very similar views. Minor differences can be observed: a larger proportion of women are already very confident in using the e-file, whilst a larger proportion of men would like to exploit the existing potential even further.
- Different age groups have differing perceptions.
Among judges, there are marked differences in perception regarding certain aspects. It can be observed that a higher proportion of younger judges accept the e-file, feel less often overwhelmed and also miss the physical feel of the e-file significantly less frequently.
Legal Basis
With the E-Justice Act of 5 July 2017 on the introduction of electronic case files in the judiciary and the promotion of electronic legal proceedings, the Federal Government has laid the groundwork for efficient, seamless and legally compliant communication. The Act stipulates that, by 1 January 2026 at the latest, court files in German courts must be maintained electronically. The transformation process towards the nationwide introduction of electronic files has already begun.
Materna in the judicial sector
Materna is a long-standing partner of the judicial administration and implements professional and end-to-end IT solutions. Its areas of expertise include e-files and document management, electronic legal proceedings, the development of specialist procedures, the development of online forms, internet and intranet solutions, as well as IT management and IT strategy.
About Materna
The Materna Group currently employs more than 2,300 staff worldwide and generated a turnover of 323.8 million euros in 2019. Materna covers the entire range of services offered by a full-service provider in the premium segment: from consultancy through to implementation and operation. Materna advises and supports companies and public authorities on all aspects of digitalisation and delivers bespoke technologies for agile, flexible and secure IT. Its clients include IT organisations as well as specialist departments within companies and the public sector. The group also comprises various subsidiaries.
