In connection with the entry into force of the Act of 7 July 2023 amending the Act – Code of Civil Procedure, the Act – Law on the System of Common Courts, the Act – Code of Criminal Procedure and some other acts, a number of changes are being introduced in the organisation of court hearings as part of civil proceedings.

As of 14 March 2024, further provisions of the amendment will come into force, which are to significantly improve the course of proceedings themselves. The new regulations are aimed at improving the functioning of the judiciary by allowing remote hearings and through the development of the ICT system.

Below we are presenting the major changes to come into force as of 14 March 2024.

Service of pleadings via the information portal

This March, Article 131^1a of the CCP will come into force , according to which, in the event of an inability to effectively serve court papers via the ICT system, the court will serve them only by placing their content on the information portal in a way that allows the recipient to obtain a document confirming the service. However, this regulation does not apply to letters which, in principle, are to be served together with copies of pleadings of the parties, except in cases where the court has an electronic copy of a pleading.

A pleading posted on the information portal will be deemed to have been served at the time indicated in a service confirmation document. In the absence of the service confirmation document, the service will be deemed effective 14 days after the date of posting the content of the letter on the information portal. It should be noted that in case of service via the portal, Article 134 § 1 of the CCP, according to which service on bank holidays or at night is only allowed in exceptional cases by prior order of the court president, will not apply.

Moreover, the new regulation obliges the chair to issue an order not to serve a document via the information portal if such service is impossible due to the nature of the document, in particular if it is necessary to issue a certified copy of a judgement or a writ of execution to the party.

An account in the information portal is a new obligation for attorneys

In connection with the implementation of the civil procedure consisting in service via the information portal, an obligation to have an account in the information portal has been introduced for a number of entities:

• legal counsels – Article 22¹¹ of the Act of 6 July 1982 on legal counsels (consolidated text: Journal of Laws 2022, item 1166);
• attorneys – Article 37d of the Act of 26 May 1982 – Law on the Advocates’ Profession (consolidated text: Journal of Laws 2022, item 1184, as amended);
• patent attorneys – Article 16b of the Act of 11 April 2001 on patent attorneys (Journal of Laws 2023, item 303);
• court experts – Article 157 §1a of the Act of 27 July 2001 Law on the System of Common Courts (consolidated text: Journal of Laws 2023, item 217, as amended);
• the General Counsel – Article 36a of the Act of 15 December 2016 on the General Counsel to the Republic of Poland (Journal of Laws 2023, item 1109).

Remote sessions for good

In accordance with Article 151 of the amended CCP, the chair will be able to order a public hearing using technical devices enabling a remote hearing, if this is not prevented by the nature of the activities to be carried out at the hearing, and the remote hearing is held in a way that guarantees the full protection of the procedural rights of the parties and the proper course of the proceedings. The chair will order for a remote meeting to be held:

• ex officio
• at the request of the participant of the hearing who has indicated his/her e-mail address (the deadline for submitting the application is 7 days from the date of serving a notification or summons to the hearing).

When summoning to a remote hearing, the court will inform the participants about the possibility of appearing in person in the courtroom or notifying about a remote participation in the hearing no later than 3 working days before the scheduled date of the hearing. For effective notification of the intention to participate in the hearing remotely it will be sufficient to notify the court by e-mail about the intention to participate in the hearing remotely and indicate a valid e-mail address.

After receiving a summons to a remote hearing, persons who do not submit an application for a remote hearing or do not inform about an intention to participate in the hearing remotely will be obliged to attend the hearing in the court conducting the proceedings without additional notice.

It should be noted here that a remote hearing will not be possible in case of a person whom a request for incapacitation concerns, if he/she is to be heard, or in case of participation of experts in that procedure.  

Remote examination of evidence

In accordance with amended Article 427 of the CCP, a hearing in camera does not prevent remote examination of evidence during a remote hearing, if this may significantly accelerate the examination of the case or contribute to cost savings.

If the nature of the evidence to be examined allows, the adjudicating court will be able to examine evidence remotely during a remote hearing. Moreover, in accordance with Article 235¹ of the CCP, the parties will be entitled to request examination of evidence at a remote hearing in the motion for evidence.

Remote objection to hearing of a witness

According to Article 263¹ of the CCP, a party will be able to object to hearing of a witness outside the courtroom during a remote hearing, but no later than within 7 days from the date of obtaining information about an intention to examine evidence in such a way. In the event of an effective objection, the court will summon the witness to appear in the courtroom in person.