Poland: It Comes To Civil Courts – Digitalization Of Civil Law Proceedings To Accelerate Dispute Resolution

The main objective of the new system is to increase efficiency by allowing courts to conduct civil law proceedings online. It will be possible to submit pleadings with appendices and communicate with the court via internet.

The only activities that can currently be performed online are the establishment of limited liability companies or joint stock companies, and carrying out electronic writ of payment proceedings. The success of this last activity has led to the widespread use of information technology in the courts, and new provisions have been adopted.

Electronic submission office

The new provisions of law enable pleadings in all civil, commercial, family and enforcement cases conducted by a bailiff to be submitted via an electronic submission office. If the parties choose to use an IT system as the means of filing pleadings in a particular case, then the court is obliged to serve all correspondence electronically. Each party is required to set up an account in the IT system and submit a statement declaring their wish to be contacted electronically. Filing a pleading via the Electronic Submission Office has the same legal effect as filing it in court.

The IT system will not only enable parties to submit lawsuits or other pleadings, but also to attach other documents to their submissions. E-files will also include judgments and other procedural court orders.

Deadline for implementation

In accordance with the new provisions, all courts must allow parties to file all documents electronically via the Electronic Submission Office by 8 September 2019. This leaves ample time to work on improving the efficiency of court work, simplifying some procedural steps, and increasing access to courts.

Are there any consequences of an IT system?

From the moment each party chooses to use the Electronic Submission Office, all court correspondence is considered to be served to the parties at the time indicated by the addressee in the electronic acknowledgment of receipt. In the absence of such confirmation, electronic delivery shall be deemed effective 14 days after the date on which the Court placed the information into the IT system.

The use of an Electronic Submission Office will significantly speed up civilian litigation. Thus, Poland has taken the next step towards streamlining the effectiveness of resolving disputes.

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