The Ministry of Justice is working on another amendment to the Code of Civil Procedure and other laws. The changes are aimed at improving proceedings in civil matters and shorter times for court cases.
The most significant proposed changes to the Code of Civil Procedure are as follows:
- introduction of a preparatory proceedings stage, during which a “hearing plan” will be developed. This will include the precise requirements of the parties, the issues in dispute, the parties’ findings regarding the evidence necessary for the case and the dates of any subsequent sittings;
- introduction of separate proceedings for cases involving businesses, with the simultaneous introduction of greater procedural rigour and subjective and objective limitations to such proceedings. In order to ensure that the rights of non-business people and micro-businesses are protected, ordinary proceedings will allow for their participation – at the request of such person submitted at the appropriate stage of the proceedings;
- solutions to combat “abuses of procedural law” (e.g. filing frivolous lawsuits, multiple claims on the same issue, or many unjustified requests to exclude a judge based on the same circumstances); such actions are designed to prevent the court from acting, and can result in a penalty being imposed on the party in the form of the costs of the proceedings or awarding higher interest than the statutory amount;
- transfer of activities within “inter-instance proceedings” (including an examination of the admissibility and any formal and fiscal defects in the appeal) to the second instance court and the principle of reconsideration of the case (after the judgment of the second instance court has been revoked) by the same court with the same composition as that which issued the contested judgment;
- introduction of a system of “horizontal appeals” recognised by a court with another composition which issued the challenged judgment in the case of certain categories of judgment (in particular on incidental issues and those that do not discontinue proceedings);
- issuing appealable resolutions at closed sittings as a rule and justifying them only at the request of a party and not as in the present legal situation – ex officio;
- modifications to some separate proceedings by allowing for the recognition, in simplified proceedings, of monetary and non-monetary claims where the value of the subject of the dispute is up to PLN 20,000, discontinuance of electronic compensation proceedings in the absence of grounds for issuing , repealing or raising objections against an order for payment;
- extending the powers of court referendaries by allowing them to exercise their powers in appeal proceedings, issuing orders for payment in mandatory proceedings and undertaking actions in most registries maintained by the courts;
- facilitating investigations for consumers and other entities of their rights in court by preventing the use of the principle of alternate jurisdiction in cases against consumers (e.g. bringing a case before a court competent for a company’s registered seat) and introducing the possibility of bringing a case against the State Treasury in the court competent for the claimant’s place of residence.