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The Warsaw Voice » Law » February 23, 2012
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Changes in Civil Procedure
February 23, 2012   
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Changes in civil procedure that are important to businesses come into force May 3.

The changes lift regulations on proceedings pertaining to business lawsuits. The regulations include evidence preclusion, a rule that has been particularly troublesome for business people. The rule states that all claims and evidence to substantiate the claims which are not included in a summons are automatically disregarded. The preclusion of evidence was intended to streamline cases involving business people. Lawmakers want to pursue the same objective by means of new and amended regulations.

Courts will be authorized to disregard claims and evidence which are submitted past a deadline unless a party makes a convincing case that the failure to submit the claims and evidence was not their fault. Claims and evidence submitted late may also be considered if the court decides that this will not protract the case. The court may also agree to consider new claims and evidence if the parties persuade it that this is justified by some other special circumstances.

The difference, then, is that evidence submitted too late will not disregarded automatically because such a decision will now be up to courts. These will first have to instruct the parties in a lawsuit about their obligations and about the basic rules of the hearing of evidence. Consequently, parties involved in a case will most likely be able to defend their rights more effectively.

Małgorzata Lechna-Piotrowska, Legal adviser
mlp@radcaprawny.waw.pl
Magdalena Makowska, Legal adviser
mmakowska@radcaprawny.waw.pl
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