POLAND Law and Practice Contributed by: Rafał Waszkiewicz and Bartosz Pyzder, Sołtysiński Kawecki & Szlęzak
1. General 1.1 General Characteristics of the Legal System The Polish legal system is based on civil law. In civil proceedings, the adversarial principle applies but the court is allowed to admit evidence on an ex officio basis. During the proceedings, the parties submit written pleadings in which they express their positions on the case, together with the evidentiary motions. The parties also submit documents that support their posi- tions. The submitted documents are the most impor- tant pieces of evidence. The court generally hears cases at oral hearings. The parties are allowed to present their positions at the hearing. The court and the parties examine the wit- nesses and expert witnesses. Although judgments are generally announced publicly, the court may decide to announce the verdict in closed session. As a civil law system, the Polish legal system does not recognise the concept of binding precedent. Even so, the legal opinions expressed in the judgments of the Supreme Court and the courts of appeal are usually followed by the courts of lower instance, particularly when there is an established line of case law. 1.2 Court System In Poland, the administration of justice is administered by common courts, which include: • district courts, which are the courts of first instance; • regional courts, which are the courts of first instance in cases where the amount in dispute exceeds PLN100,000 and in some other cases regardless of the amount in dispute, as well as the courts of second instance in all other cases; • courts of appeal, which are the courts of second instance for the cases heard by the regional courts
The courts are divided into divisions, eg, civil, crimi- nal, family, commercial and labour. The administrative courts are separated from the common courts. The time taken between the commencement of pro- ceedings and trial varies significantly between differ- ent courts. Typically, in the smaller courts, the first hearing takes place within approximately six months of the commencement of proceedings. However, in courts in the largest cities, the first hearing usually is usually held more than a year after the lawsuit is filed. 1.3 Court Filings and Proceedings All parties have access to the case file. The court can grant access to the file to a third party when that per- son has demonstrated a legal interest. Hearings and announcements of judgments are generally public, so third parties may attend. This entitlement is excluded when a hearing is conducted “in camera”. In camera hearings are mandatory in some cases, eg, when the public hearing of the case would threaten public order. A party may request that a hearing is conducted in camera if the party’s commercial secrets would be disclosed. 1.4 Legal Representation in Court Parties may participate in proceedings on their own or they may be represented by: • an attorney-at-law; • legal counsel; • a patent attorney if the case concerns intellectual property; • a person holding a restructuring adviser licence if the case concerns restructuring or insolvency; • a close family member; • an employee; or • a co-participant of the case. Certain matters, such as the filing of a cassation appeal and participation in cassation proceedings, require representation by a licensed lawyer. Foreign lawyers from EEA countries may occasionally repre- sent the parties in court. Foreign lawyers may also conduct a permanent practice in Poland when they obtain registration on the list of foreign lawyers.
in first instance; and • the Supreme Court.
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