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[20.02.2019] THE REFORM OF THE CIVIL PROCESS

First reading of amendments to the Code of Civil Procedure takes place in today’s parliamentary session in Poland.

The project legislatively distinguishes and redefines the phase of process organization. It introduces provisions on the plan (including timetable) of the hearing. The plan is determined by the judge with the participation of the plaintiff and the defendant.

A rule has been introduced that does not require proof of facts about which information is publicly available.

The possibility of giving testimony in writing by witnesses is allowed to a wider extent.

Another important change is the introduction of separate business proceedings with a completely new institution of evidence agreement, the principle of the primacy of documentary evidence and the obligation to provide any claims as to the facts and evidence to support them in the statement of claim and response to such statement.

According to the project, as a rule, the parties will be able to record the hearing without the court’s consent (only the forewarning of the intention to record is required).

The proposed provisions provide for the possibility for the judge to inform the parties during the preparatory session about the probable outcome of the case in the light of the evidence so far presented.

There is no doubt that the proposals for the reform of the Polish civil process will fundamentally affect the course of proceedings in intellectual property matters. It is worth noting on this occasion that the discussed project, apart from amendments to the Code of Civil Procedure, also modifies the Act on court costs in civil cases, which includes a special regulation related to intellectual property matters. [AW]