News

2007 Amendments in a civil procedure in economic cases

On 20 March 2007 r. came into effect the act from 16 November 2006 implementing changes in Code of Civil Procedure and some others laws (Journal of Laws, no 235 point 1699). This act introduced essential amendments in procedure in economic cases at the same time making binding rules even more severe:

Main novelties:

Extending scope of term „economic case” about:
- cases, which came into being between entrepreneurs in situation when one of them terminates running a business
- cases deriving from the law relating to civil responsibility in a limited company and a join-stock company.

Extending of lawsuit
In course of proceedings it is not allowed – in principle – to change or to extend a lawsuit.

Statement of defence
The statement of defence submitted after deadline shall be subject to return.

Intensifying rigors of evidence limitation
As hitherto in a statement of defence the defendant shall be obliged to provide all statements, objections and evidence under pain of loss of a right to present these statements, objections and evidence in course of further proceeding. The only exception is when the defendant proves that their presentation in a statement of defence was not possible or that need of presentation arouse later. However if this is the case, the defendant is limited by 2 weeks deadline.

Counter claim
It shall not be possible to submit counter claim.

Deduction
Only documented receivables shall be presented to deduction in course of proceedings.

Evidence from hearing the parties
Evidence from hearing the parties can be allowed only on the motion.

Court decision of first instance as a warrant securing a claim
In the cases dealing with pecuniary claims or exchangeable things, the court of the first instance decision shall be considered as a warrant securing a claim, which is enforceable without executory clause.

The term on presentation statements and evidences
The plaintiff shall be limited by two week deadline - counting from the day in which it became possible or needed - to present additional statements and evidence. The plaintiff shall be obliged to attach to a lawsuit duplicate of complaint or duplicate of summons to voluntary satisfying demands with a proof of delivery or via registered mail. Not submitting documents mentioned above shall result in return of a procedural writ.

Legal defects of a procedural writ and their results
If a writ commencing proceeding contains formal defects, the court returns a writ without summons to supplementation. Mistaken sign of procedural writ or others evident imprecision’s shall not be an obstacle to get procedural writ moving and to examine a case in usual procedure. Within seven days from the day of delivery of disposition about return of procedural writ a party can submit them again. If the latter procedural writ does not contain defects, this procedural writ has legal effects from the date of first submitting. Different procedural writs containing formal defects submitted in proceedings before the court of first instance by solicitor, attorney at law, patent attorney, General Public Prosecutor's Office shall be returned without summons to supplementation. An objection to a judgment by default, charges to order of payment, an objection to a order of payment shall be rejected by a court.

Fining a party or a party attorney
The court can fine a party or his/her attorney, if they referred to not existing circumstances in bad faith, which resulted in postponement of a trial.

Kancelaria Prawna 90-060 Łódź, ul. Nawrot 4/1, tel./fax +48 /42/ 630 58 41, tel. +48 /42/ 632 51 44, kancelaria@b2blegal.pl
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