Publication date: December 10, 2024
The Polish legal system has recently undergone a number of significant changes, the most recent of which concern the Code of Civil Procedure. A few years ago, conducting an online hearing was impossible. Although the regulations allowed videoconferencing, it was limited to connections between courts, mainly used for questioning witnesses. The COVID-19 pandemic has significantly affected these regulations, leading to the introduction of the possibility of remote participation in hearings. Thanks to the amendment of the regulations in March 2020, remote hearings have become a reality, initially as a temporary solution, aimed at counteracting the effects of the pandemic.
Seeing the effectiveness and convenience of remote hearings, the legislator decided to permanently introduce this form to the Code of Civil Procedure. On March 14, 2024, an amendment came into force, which not only consolidates remote hearings as a standard procedure, but also introduces a number of other innovations. The aim of these changes is to streamline and accelerate civil proceedings, so that the justice system is more effective and accessible to citizens and entrepreneurs.
The reform of the Code of Civil Procedure is a step towards a modern and flexible legal system that better responds to contemporary challenges. In this article, we will look at the most important changes introduced by the amendment, their impact on court practice and potential consequences for parties to civil proceedings.
In accordance with art. 151 § 2-9 of the Civil Procedure Code, there has been introduced a mixed model, which differs from the completely remote hearings used during the COVID-19 pandemic. According to the new provisions, the hearing may take place in the presence of the court and the clerk in the courtroom, while other persons have the option of participating remotely or physically in the court building.
The decision on the form of the hearing is made by the court chairman, taking into account the party’s request, although it is not binding. A party wishing to hold a hearing remotely must report this fact at least 3 business days before the planned date. Information on the possibility of remote participation and its details must be provided to all parties at least 24 hours before the hearing.
Remote participants must ensure appropriate conditions for the proper conduct of the hearing. The presiding judge may summon remote participants to appear in person if the manner of their participation raises doubts. At the same time, he may exempt them from the obligation to appear if their physical presence could negatively affect the quality of the audio and video recording.
The new regulations require the adjustment of the regulations of the common courts to the new requirements for participation in remote hearings. The court may also allow the witness to remain seated during speeches if there are justified health reasons, the length of the speech or the need to properly record sound and image. The party may also object to the examination of a witness outside the courtroom as part of a remote hearing by submitting an appropriate letter no later than 7 days from receiving information about the planned form of the examination. In such a situation, the court is obliged to summon the witness to appear in person in the courtroom.
The new provision clearly specifies the conditions necessary for conducting a remote hearing. The decision on such a procedure may be taken both ex officio by the chairman and at the request of a person participating in the hearing. Such a request, in accordance with Article 151 § 3 of the Code of Civil Procedure, must be submitted no later than seven days before the planned date of the hearing. It is crucial that conducting the hearing remotely does not conflict with the nature of the planned activities or violate the procedural rights of the parties, and also that it ensures the proper course of the proceedings. One of the important aspects of the amendment is the guarantee that persons participating in a remote hearing do not have to physically be in the building of the court conducting the case. In such a case, only the court and the clerk must be present in the courtroom, which is intended to maintain formalities and ensure the proper course of the trial. The remaining participants, if they decide to participate remotely, can do so from any location, provided they declare such a will sufficiently in advance.
In the case of persons deprived of liberty, participation in the session in a remote form is considered a priority, unless special provisions provide otherwise. The court may also stipulate that a specific person will participate in the session remotely from another court building, which is particularly important in the context of logistics and security. Another important issue is the way the court communicates with the participants, especially when informing about the decision on how to conduct the session. The court may use less formal forms of communication, which is intended to speed up and simplify the process. Nevertheless, the court’s decisions are binding on the parties and can be enforced in accordance with the applicable regulations.
The amendment to the Code of Civil Procedure, effective from 14 March 2024, introduced significant changes regarding the conduct of remote hearings and the taking of evidence at such hearings. These reforms are a response to the needs of the digitalization of the judiciary, which became particularly visible during the COVID-19 pandemic, when the need to ensure judicial continuity forced rapid adaptation to new conditions.
According to Article 235 § 2 of the Code of Civil Procedure, the court may decide to take evidence remotely, if its nature allows it. This includes the examination of witnesses, the statements of the parties and the inspection of objects or documents, including electronic ones. The parties may apply for the taking of evidence remotely, but the final decision rests with the court, which may also order such a hearing on its own. Additionally, Article 235 § 3 of the Code of Civil Procedure imposes on the Minister of Justice the obligation to issue a regulation regulating the types of technical devices used to take evidence remotely, the manner of their use and the protection of audio and video recordings. These provisions aim to ensure the safety and correctness of the activities carried out, which is crucial for the recognition of evidence in court.
The amendment is not limited to the taking of evidence. The possibility of making case files available in electronic form has also been introduced (Article 9 § 11 of the Code of Civil Procedure), which increases the availability of court documentation for parties and participants in the proceedings. In addition, new provisions on the delivery of documents via the information portal (Article 1311a of the Code of Civil Procedure) and remote mediation to facilitate and adapt court proceedings to modern communication standards have been implemented.
Critics of the new solutions point to potential threats related to the credibility of remote evidence, especially in the context of witness examinations. For this purpose, Article 2631 of the Code of Civil Procedure was introduced, which allows the parties to effectively object to remote examination, which may force the witness to appear in court in person.
It is also worth noting the changes concerning expert hearings (Article 284 § 3 of the Code of Civil Procedure), where the court may order them to be conducted in the courtroom at the request of the party or if the credibility of the opinion raises doubts. In addition, Article 289 of the Code of Civil Procedure clearly states that the hearing of experts is not subject to objection to its remote conduct, which is a significant difference compared to the hearing of witnesses.
The amendment to the Code of Civil Procedure has introduced significant changes regarding the service of court documents, especially for professional representatives. According to the new Article 1311a of the Code of Civil Procedure, these documents will be served exclusively via the information portal, except for situations where these documents must be served together with copies for the parties or other documents not originating from the court, unless the court has an electronic copy of them.
An important element of the procedure is the moment of delivery, which occurs at the time indicated in the “document confirming delivery”. In the absence of such a document, delivery is deemed effective after 14 days from the date of posting the document on the information portal. The document confirming delivery is generated when the proxy clicks the appropriate “collect” box on the portal. If the proxy does not take any action, the court recognizes delivery after the aforementioned 14 days have passed.
The new regulations expressly exclude the application of Article 134 § 1 of the Code of Civil Procedure, which means that deliveries can also take place on non-working days and at night. This is an important solution aimed at avoiding doubts as to the effectiveness of deliveries, especially in the context of a dynamic judicial environment.
In addition, the introduction of the obligation for attorneys and legal advisers to have an account on the information portal is a significant change. The Act precisely specifies that the lack of an account may result in the inability to deliver through the portal, which in turn makes it necessary to deliver the document outside the individual account, in the “documents” tab.
Although the new provisions aim to systematise and streamline the process of service of documents, in practice certain interpretative and technical challenges may arise, particularly in the context of the diversity of court practices and the professional needs of attorneys.
The amendment to the Code of Civil Procedure, which entered into force on 14 March 2024, is a breakthrough step in the adaptation of the Polish legal and judicial system to the contemporary realities of the digital world. These changes not only established remote hearings as a standard procedure, but also introduced a number of innovations aimed at streamlining civil proceedings and increasing the accessibility of justice for citizens and entrepreneurs.
Remote hearings, which have become an essential element of court procedures during the COVID-19 pandemic, now have solid legal support. The new regulations allow for a flexible approach to participation in hearings, allowing the parties to choose the form of participation: remote or traditional. The decision on the form of the hearing depends on the presiding judge, who takes into account the parties’ applications and the technical conditions provided by remote participants.
In addition, the introduction of remote hearings allows for the further implementation of proceedings without the need for the parties to physically appear, which saves time and money, and also increases the comfort of the court process. The new regulations regulate in detail the conditions necessary for conducting a remote hearing, while ensuring the procedural rights of the parties.
Another key innovation is the ability to conduct remote evidence, which includes the questioning of witnesses and experts and the inspection of objects. The Minister of Justice is required to supervise the technical standards used for such purposes, which is to ensure the security and indisputability of evidence in court.
The amendment also does not forget about the need to streamline the process of serving court documents, which plays a key role in the quick and effective handling of cases. The introduction of the information portal as the main platform for serving professional representatives is a breakthrough in court communication, enabling quick and reliable transfer of documentation.
It is worth emphasizing that the reform of the Code of Civil Procedure not only adapts the judiciary to the requirements of the 21st century, but also places Poland among the leading European countries in terms of innovation and accessibility of the legal system to all its users. It is expected that the new regulations will be continued and improved to meet the dynamic challenges of modern times.