POLAND Law and Practice Contributed by: Jaroslaw Kruk and Joanna Bogdanska, KW Kruk and Partners Law Firm
This is especially useful in complex fraud, cor - ruption or asset recovery cases involving banks, accountants or business associates. Key tools include: • court orders – the claimant may request the court to compel a third party to produce spe - cific documents; and • expert appointments – courts may appoint experts to access and analyse third-party data, particularly in financial or digital matters. Pre-Action Disclosure Unlike some common law jurisdictions, Polish civil law does not generally allow pre-action dis - closure. However, evidence preservation motions can be filed prior to trial if there is a real risk that evidence may be lost or its use impeded. At the same time, courts may order a third party to dis - close specific documents if they are essential for the claim and cannot be obtained otherwise. Such motions require demonstration of the rel - evance and urgency of the requested material. In criminal investigations, prosecutors and law enforcement authorities have broad powers to obtain disclosure from third parties even before formal charges are filed. This includes seizing documents, financial records or digital data, and summoning third parties to produce evidence. Pre-action disclosure is an integral part of the investigative phase in criminal fraud matters. Restrictions on Use of Disclosed Material Material disclosed through court orders or evi - dence preservation in civil proceedings is restrict - ed to use within the specific case for which it was obtained. Polish courts strictly prohibit second - ary use or public dissemination of such materials unless authorised by a separate ruling.
In criminal cases, evidence obtained from third parties is part of the criminal case file and is sub - ject to procedural confidentiality until trial. Disclo - sure to victims, civil claimants or other parties is limited and controlled by the prosecutor or court. Use of such material outside the criminal pro - ceedings requires express permission and may be restricted to prevent prejudice to the investiga - tion. This restriction shall not apply to the use of disclosed material in other civil or criminal pro - ceedings, including foreign proceedings. 2.4 Procedural Orders Use of Without Notice Applications in Poland Under Polish law, ex parte (without notice) appli - cations are permitted, but they are used cau - tiously. Courts will consider such measures if notifying the defendant in advance would likely frustrate the intended protection, especially in cases involving fraud, imminent asset dissipa - tion or the destruction of evidence. Relief may take the form of freezing injunctions, orders for preserving evidence, or search and seizure requests in both criminal and urgent civil contexts. These measures are carefully scruti - nised and typically granted only when absolutely necessary to prevent irreversible harm. When Ex Parte Relief is Justified Ex parte orders are appropriate in urgent situ - ations where delay could result in the loss or concealment of critical rights or property. The element of surprise plays a key role in preserving the effectiveness of such relief. However, courts treat these applications as strictly temporary and subject to swift judicial review. Duties and Protections To balance the absence of the defendant, the claimant is held to a high standard of candour and must present all relevant information, includ -
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