CODE OF CIVIL PROCEDURE IN POLAND
Poland's legal structure is based on a civil law system derived from the Roman law tradition. The Constitution of Poland is the supreme law of the land. It outlines the fundamental rights and freedoms of citizens, the organization of the state, and the powers and functions of the different branches of government.
If you need to serve legal documents in Poland, there is no easier way to do so than to hire an international private Poland process service agency like Undisputed Legal. According to Polish law, the service of documents must be carried out in accordance with certain rules and procedures. Failure to comply with these rules could result in the documents being deemed invalid, which could seriously affect your legal case. At Undisputed Legal, we ensure that your documents are cared for and adhere to local and international requirements.
JURISDICTION IN POLAND
The Polish legal system mandates a two-instance trial format. If a party feels that the decision made by the court of the first instance is unjust, the concept of two-instance procedures allows it to appeal the decision to a higher court. Hence, the party may file an appeal of the court's decision. The higher court receives the appeal and rules on it. However, the Polish court system is not based on a jury, as in many common-law states. A single experienced judge typically handles all matters at the trial and a panel of three on appeal. The use of lay judges, as opposed to juries, is permitted under Polish law, though only in a few instances involving labor, family, and criminal law.
Factual and legal arguments may be made in an appeal to the court of the second instance. While a court of appeals judgment is considered final, it may be disputed by filing a cassation appeal with the Supreme Court. Only specific sorts of disputes ( most non-monetary claims and monetary claims above PLN 50,000) are eligible for a cassation appeal, and only on issues of law.
The case is returned to the Supreme Court for review if any of the above mentioned conditions are met and thrown out otherwise. The Polish legal system is founded on statutes, although the Supreme Court's decisions significantly impact subordinate courts' jurisprudence.
PRE-ACTION PROCEDURE IN POLAND
Suppose the claimant submits adequate papers supporting the claim. In that case, a summary judgment may be granted based on these documents without a complete evidence-taking process, one of many streamlined and low-cost processes for types of monetary claims available under Polish law. One such method is the electronic summary judgment procedure, mostly used for contractual disputes under PLN 20,000. An electronic statement of claim is filed using this method.
The conciliation process is an intriguing part of the Polish legal system since it allows for the peaceful resolution of conflicts. At the request of either disputing party, a separate process known as ‘conciliation’ may be undertaken to attempt to reach a mutually agreeable resolution. It is conducted in the court's presence and aims to facilitate an agreement between the disputing parties. A settlement reached via the conciliation process is as binding as a court order. As such, it is regarded an enforcement order that provides a straightforward path for the creditor to pursue the claim in the case of a violation of the settlement's terms by the debtor.
Most clients need a private process service agency like Undisputed Legal in Poland because of the legal system's complexity. Poland's civil law system is based on the Roman law tradition. This means the legal system is highly structured and formal, and some specific rules and procedures must be followed to serve legal documents, like the mandatory conciliation process. Undisputed Legal has experience serving papers across the globe, and we know Polish rules and procedures. We aim to ensure that your documents are served in accordance with them.
INITIATING A CLAIM IN POLAND
Pleadings are filed at the beginning of the litigation process. The proceedings in a Polish court are quite regimented. When a plaintiff submits a claim, the litigation process officially begins. When a case has been filed, the court will determine whether it satisfies all necessary formal criteria. If the court finds no problems, it will send the complaint to the defendant with a deadline for filing an answer in fourteen days. Then, the court often schedules the first court hearing, and issues witness summonses.
The court may also set a plan of litigation and stipulate the sequence of hearings and the submission of the pleadings before the first hearing. After the first court hearing, the case should be over. While this does occur, it is quite unusual and often only occurs when the issue is simplistic. When witnesses need to be heard, it frequently takes more than one hearing. According to Polish civil procedure, when the claimant files a claim and the defendant files a statement of defense, no party may file any more pleadings unless the court specifically orders or approves such further filings. Documents filed in court without permission will be considered void.
The court renders a decision after all the evidence has been presented, the pleadings have been filed, the witnesses have testified, and the parties have presented their arguments. When a hearing is over, the judge may make a judgment and, in doing so, must base their decision on the circumstances as they exist at the time of the ruling.
SERVICE OF DOCUMENTS IN POLAND
Any petitions and statements made by the parties outside of the hearing must be included in the pleadings. The appellant should be advised that the legal consequences arising from submitting a letter to the court do not apply to letters not filed by means of a teleinformatic system. The Minister of Justice should determine by regulation the models and means of making available to the parties the official forms.
Suppose the pleading is the first communication between the parties. In that case, it must also specify the nature of the dispute and the names, addresses, and country of residence of the parties, their legal agents, and their proxies, as well as if the claimant is a natural person. The pleading must include the claimant's tax identification number (NIP) or General Electronic System of Civil Records (PESEL) number.
Summaries of the facts, claims of the opposing party, and evidence relied upon by the parties must all be included in the written pleadings filed in advance of the hearing (preparatory pleadings), and the evidence that will be presented at the hearing must either be listed or attached to the pleadings. Preliminary pleadings provide a forum for parties to explain the legal justifications for their positions.
If the party is a natural person, service must be made in person; if the party lacks procedural capacity, service must be made on the party's legal representative. Unless the new address is already known to the court, a judicial letter should be placed in the file with the effect of service if this requirement is not met. The party should be told what to do to fulfill the duty and what will happen if it does not.
A postal service is also an option in Poland. The letter must be delivered at the post office of that operator and served at the office of the competent municipality by notifying the addressee at the apartment's door or una postbox office with an indication of where and when the letter has been left. If the recipient of the letter declines to receive it, service is nevertheless considered to have been made. If service is refused, the letter is sent back to the court with an endorsement explaining why it was not accepted.
The mode of service and the date of service must be included on the acknowledgment of receipt, and the statement must be signed by the person doing the service. Service of process for a lawsuit or other pleadings requiring the party whose whereabouts are unknown to defend their rights may be effected upon notification of the party into the hands of the curator established at the request of the person concerned by the adjudicating court.
At Undisputed Legal, we provide you with regular updates on the status of your case, including confirmation of service and any issues that may arise. This can help you stay informed and make knowledgeable decisions about your case.
LEGALISATION OF FOREIGN DOCUMENTS IN POLAND
It is not uncommon for foreign papers to be used by the parties throughout the procedure. Foreign official papers have the same weight as their Polish counterparts in a court of law. Most foreign official papers cannot be accepted in court without being legalized or apostilled. The major means of verifying foreign papers is via the process of legalization. A consular official verifies that a document is in accordance with the legislation of the nation of issuance so that it may be used in a different country. It is important to remember that legalization does not prove the document is genuine; it only proves that it was issued in the correct format by a government agency with the ability to do so under local law and that the signature and seal on the document are real. Polish consulates may authenticate documents from other countries.
According to the Polish Code of Civil Procedure, the court may request that a document written in a foreign language be translated by a sworn translator. As a practical matter, Polish courts always need official translations of documents into Polish. Hence, the plaintiff must ensure that all crucial papers are either in Polish or a sworn translation into Polish before filing a lawsuit in Poland. The language barrier is one of the main reasons you need an international private process service agency like Undisputed Legal in Poland. The official language of Poland is Polish, which means that any legal documents must be translated into Polish to be valid. At Undisputed Legal, we can ensure that your documents are properly translated into Polish and comply with the requirements of Polish law.
Nevertheless, if the copy filed in the case is certified as a true copy of the original, the parties may rely on that copy instead of the original under the Code of Civil Procedure rules. Legal consequences are nullified if a third party issues a certificate of conformity with the original.
Foreign judgments are granted exequatur by law in relation to non-EU countries (other than those which are signatories to bilateral treaties relating to the enforcement of judgments), barring one of the specified exceptions, such as the judgment not being final, the case belonging to the exclusive jurisdiction of Polish courts, a party being deprived of a right to defend themselves, the judgment violating ordre public in Poland, etc. Polish courts will recognize judgments issued by foreign courts even if there is no reciprocity.
SERVICE OF FOREIGN DOCUMENTS IN POLAND
Poland is a signatory to the Hague Service Convention, also known as the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. The Convention is an international treaty that governs the service of documents between countries that are signatories to the Convention.
Under the Hague Service Convention, parties to a legal proceeding in one country can request that documents be served on a party located in another country that is also a signatory to the Convention. The Convention sets out specific rules and procedures for the service of documents, including using designated central authorities to receive and transmit documents, using specific forms, and translating documents in certain cases. Our Undisputed Legal servers are well-versed in Hague Convention service requirements, and we can help ensure that your documents comply with due diligence measures to be followed.
Polish courts must coordinate with the courts or other authorities of foreign nations and with the Polish diplomatic missions and consular posts when obtaining evidence or performing other actions, or when serving judicial letters. Applications must be sent directly to the Polish diplomatic representation or consular office or via the Polish diplomatic representation or consular office if permitted by the legislation of the requesting State. This is by no means the only application submission method.
At the request of courts and other authorities in other countries, Polish courts will collect evidence and deliver legal documents on their behalf. In such a circumstance, the district court where the circle is to be executed or where the notice is to be served would have jurisdiction. In accordance with Polish legislation, the Polish court must execute the proof or service of court letters requested by a court or other authority of a foreign state. On the other hand, if the foreign state's court or other entity so requests, the requested court may execute the application in a manner different from that specified by Polish law, so long as doing so does not violate Polish law or the essential principles of the legal order of the Republic of Poland (public policy clause).
The court will not execute the application of the court or other body of a foreign state unless and until the application of the relevant advance has been lodged by the court or other within the prescribed period, which may include costs related to the participation of experts, interpreters, witnesses, and other persons. The same holds for any fees that may accrue if any other technique is used instead of the one mandated by Polish legislation.
Every case is unique, and the Hague Service Convention allows various methods to service documents. Undisputed Legal can work with you to determine the most appropriate service method for your specific situation, considering factors such as the type of documents being served, the location of the parties involved, and the urgency of the matter. We aim to be transparent and accountable to our clients, ensuring your documents are cared for.
Documents can be faxed at (800) 296-0115, emailed to email@example.com or uploaded on our website. We do require prepayment and accept all major credit and debit cards. Once payment is processed, your sales receipt is immediately emailed for your records.
Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; Our receptionist will receive all documents.
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1. Without a specific provision in the Code of Civil Procedure, courts typically do not consider evidence submitted late.
2. Any requests for evidence must be filed with the court as soon as practicable by the parties. When a case has been filed in Poland, the court often disregards evidence provided later if it believes it might have been used earlier. Put another way; the court may refuse to allow some of the evidence a party presents.
3. If the recipient has filed a letter or chosen letters using the electronic computer system, the court must give the service through the computerized system (electronic delivery). If service is made electronically, the letter is delivered at the time stamp on the electronic reception confirmation. If no confirmation is received within 14 days of the letter being deposited into the IT system, electronic delivery will be presumed successful.
4. Depending on whether or not the claimant is required to have or has either number and registration number from the National Court Register or, failing that, a registration number from another register, records, or NIP for an individual who is not a natural person and, thus, is not obligated to submit the information into the appropriate register or records.
5. Each pleading shall contain:
- the designation of the court to which it is addressed, the name of the court, and the name of the parties, their legal representatives, and agents;
- designation of the type of letter;
- the settlement of the application or statement and the evidence in support of the circumstances cited;
- the signature of the party or its statutory representative or representative;
- salivation of the annexes.
When the pleading is the first letter in the case, it shall indicate the dispute's subject matter and the designation of the residence or the seat and addresses of the parties, their legal representatives, and proxies.
6. A notary public or an authorized party representative (e.g., an attorney, legal adviser, or patent attorney) may attest that a copy accurately represents the original.