Attorneys-at-law in Central and Eastern Europe
Poland: Abrogation proceedings rules in commercial cases
13.09.2011
Amendment to Civil Procedure Rules will speed up commercial litigation
Kategorie: en_Allgemein
Erstellt von: bnt Warschau
The Lower House of the Polish Parliament recently adopted a thorough amendment of the Civil Procedure Rules. Among other changes, the amendment comprises abolition of specific procedural rules for commercial cases. Commercial cases are lawsuits in which both parties are entrepreneurs. The plan is to ease the strict preclusion rules currently forcing the parties to provide argument and evidence admitting or denying the claim with the statement of claim or statement of defence. Moreover, the obligation to reply to all written pleadings strictly within two weeks of receipt will be abolished. The period allowed for presentation of written pleadings will be set by the court individually. Also the decision whether a written statement is to be rejected because of default or whether a default might be cured will be up to the court. To cure a default in respect of time or reinstatement will be possible if the party concerned is not liable for the default or the default will not delay the proceedings. This liberalisation will enable the parties to commercial litigation to provide written statements more effectively but also more tactically. Thus the amendment will only lead to acceleration if judges use the new competences consistently and reasonably. The amendment needs approval by the Upper House of the Parliament and the signature of the President but is expected to enter into force in the first half of 2012.
