POLAND Law and Practice Contributed by: Rafał Waszkiewicz and Bartosz Pyzder, Sołtysiński Kawecki & Szlęzak
The court may also issue an order for payment in order for payment procedure or procedure by writ of payment (see 9.1 Awards Available to the Successful Litigant ). 4.3 Dispositive Motions Polish law provides the creditor with the pos- sibility to file an application to secure a claim. Such security is granted in the form of a court decision and prevents the debtor from dispos- ing of property that could have adverse effects on the creditor and the claims asserted by the creditor or regulate the relationship between the parties in another appropriate way. Moreover, the claimant may request that the evi- dence is preserved when there is a fear that the taking of evidence later will become impractica- ble or too difficult, or when, for other reasons, there is a need to establish an existing state of affairs. On the other hand, the defendant may raise some motions/objections that would prevent a hearing, eg, the lack of jurisdiction, the existence of a valid arbitration clause covering the case, or a motion to examine the value of the dispute (which is particularly important when the court fee depends on the amount in dispute). As a rule, such motions and objections must be raised in the statement of defence before the discussion on the merits of the case. 4.4 Requirements for Interested Parties to Join a Lawsuit A person who is not a claimant or a defendant may join a case. This is possible if such person has a legal interest in a case being settled in favour of one of the parties. The joinder (side intervention) may be filed at any stage of the pro- ceedings before the court of the first or second instance and should indicate the party which the
intervener wants to join and the legal interest for participating in the case. The court fee for the joinder is one fifth of the court fee for the state- ment of claim. A side intervention can also be triggered by the party who, in the event of an unfavourable out- come for them, would have a claim against a third party, or against whom a third party could bring a claim. In such case, the party may request that the court notifies such third person about the proceedings. In such event, the third party can join the case but is not obliged to do so. A third party may also join the trial by raising a claim against all the existing parties to the pro- ceedings (main intervention), but this happens very rarely in practice. At the request of one of the parties, the court may summon the person named in the request to participate in the case as a defendant or pro- vide notice to a third person on the possibility of participation in the case as a claimant. Each party can oppose the intervener who wishes to join. In the case of the opposition, the intervener must substantiate their legal interest. If the intervener fails to do so, the court should accept the opposition’s motion and the inter- vener is prohibited from participating in the case. The intervener is entitled to take any procedural actions as may be admissible at a given stage of the case; however, in some cases, such actions may not run counter to the actions and state- ments of the party which the intervener has joined.
1132 CHAMBERS.COM
Powered by FlippingBook