Adjudication of a Civil Case at a Remote Hearing and Remote Witness Evidence in View of the Implementation of the Supreme Principles of the Procedure and the Postulate of Speed of Proceedings on the Grounds of the Amendment of the Civil Procedure Code of 7 July 2023
Year: 2025
Type: article
Abstract: With the amendment of the Civil Procedure Code of 7 July 2023, the legislator decided that remote hearings will be permanently implemented into the Civil Procedure Code. Thus, as of 14 March 2024, parties are able to participate in a hearing in the building of the court holding the proceedings, which is the principle, as well as on the basis of an order of the presiding judge using technical devices while outside the court building or in the building of another court. Such fundamental amendments require analysis in terms of their compliance with the supreme principles of civil procedure, i.e. publicity, equality, directness, orality and efficiency of proceedings, which is a postulate. The possibility of hearing a civil case remotely and taking evidence from witnesses remotely reinforces the implementation of the supreme principles of the procedure. However, it is crucial that the rules are properly applied in practice and that the technical problems that arise when connecting to the court are handled accordingly.
Author: Wiktor Marcinkowski
Institution: University of Warsaw
Language: English
Topic: Education, Law, and Society
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4412386785