The legislature has recognised the need for putting a structure to the entire set of legislation governing the collection of materials to be used as evidence in court, hence the insertion in the amended Polish Code of Civil Procedure (“CCP”) of the Chapter “Structure of Proceedings” identifying a stage of preliminary hearing. These changes are intended to facilitate faster hearing of cases by the court.

Below is a brief overview of the changes brought about by the inclusion of a separate preliminary hearing. The amendments came into force on 7 November 2019.

Preliminary hearing

Under the previous legal regime, a hearing with the parties held before a trial was optional and incidental. Following the entry into force of the amendment to the Polish Code of Civil Procedure, this is generally an obligatory part and should take place within two months of filing of an answer or other preliminary pleading.

The fundamental purpose of the preliminary hearing is to make an attempt at resolving the dispute without the need to hold any further hearings, especially the trial, and for the court to obtain key information in order to examine and resolve the matter as early as possible in the proceedings, identify the issue in dispute and obtain clarity on the claims and demands of the parties so that the duration of the whole litigation process can be shortened.

Importantly, the parties are required to submit all evidence and facts already at the stage of the preliminary hearing, failing which such evidence will be ignored further in the proceedings.

Moreover, the amendment to the Polish Code of Civil Procedure provides for an obligation to advise the parties to the proceedings of the probable outcome in the light of the allegations and evidence submitted so far. Under the previous legal regime, informing of the anticipated outcome by a judge could result in an action up to disqualification of that judge. The above has now become a judge’s right and a judge may or may not exercise that right.

Trial Plan

Where the fundamental purpose of the preliminary hearing is not achieved, i.e. an amicable resolution fails or proves not to be an option, a Trial Plan is prepared. As a mandatory minimum, the Trial Plan must contain resolutions regarding the parties’ motions to admit evidence, thus replacing an order admitting evidence. In addition, the Trial Plan may include items such as hearing dates, resolutions regarding other issues or the date of trial closing or delivery of the judgement. The Trial Plan is intended to concentrate the material to be used in evidence. All issues to be included in the Trial Plan may be submitted by way of a motion by the parties or at the court’s initiative.

Evidence by witnesses

An update to the provisions governing submitting witness testimonies in evidence has been made to impose certain time restrictions. If a party files a motion for a witness summons already after the Trial Plan has been approved, and consequently, after the preliminary hearing has been closed, the party is obliged to pay a fixed fee of PLN 100 per person summoned (Article 34a.1 of the Legal Costs in Civil Cases Act). The above is intended to expedite and streamline the whole proceedings.