Komunikacja w sądach po reformie Kodeksu postępowania cywilnego z maja 2012 r.
Courtroom communication after the reform of the Civil Procedure Code of May 2012

Summary/Abstract: The article presents a truncated version of selected results of empirical research on communication in Polish courts after the reform of the Civil Procedure Code, which went into effect on May 3, 2012. The research was carried out by conducting 49 indepth interviews with judges and legal advisers, as well as observing 115 trials. The aforementioned materials were subjected to thorough quantitative and qualitative analysis, which demonstrated the existence of a communication pattern between the court and participants in the proceedings and between the participants in the proceedings themselves, shared by the judges and legal advisers. The pattern includes expected, condemned, and actively defended behavior exhibited in the course of the proceedings. It consists in a positive evaluation of conciseness, communication ease, and the application of professional expertise. Concurrently, it emphasizes the causal role of the court in the proceedings and expresses a limited acceptance of antagonistic and emotional behavior in the courtroom. In addition, the research does not support the theory that the amendment of the Civil Procedure Code materially altered the communication practice between the court and the participants in the proceedings. In conclusion, this assertion is attributed to the practical realization of the expected pattern of communication and its incongruity to the assumptions that lie behind the amendment to the Code.

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