Dowód na specjalnych prawach, czyli o dopuszczeniu dowodu z dokumentu bez odrębnego postanowienia dowodowego
Evidence above the law – on accepting the document as evidence without an evidentiary court’s order

Author(s): Mateusz Winczura
Contributor(s): Krzysztof Leitgeber (Translator)
Subject(s): Civil Law
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: document in evidence; evidence thesis; evidentiary ruling; principle of the speed of proceedings; CPC amendment of 4 July 2019
Summary/Abstract: This article concerns the issues connected with introducing art. 243 of CPC to Polish legal order, according to which the documents placed in or attached to the case-file constitute evidence without issuing a separate ruling. This analysis starts out by indicating and analyzing the reasons for implementing such a change, especially in the context of general efforts to increase the presiding judge’s control over the body of evidence in the civil procedure is questioned. In particular, the thesis that the new regulation leads to an increase in the pace of the examination procedure. The next issue consists in carrying out the process aiming at an exhaustive interpretation of art. 243 CPC, taking into consideration existing views of legal scholars and commentators as well as linguistic and purposive interpretation methods. Another issue consists in identifying and analyzing a number of problems with the interpretation of art. 243 based on the legal-dogmatic analysis of the norm it includes. The challenges connected with these problems include: (a) the issue of determining the evidence thesis; (b) the qualification of documents, in the civil law sense, including both text and image; (c) the time limit to place the document on file; and (d) the adversary’s possible reaction to placing the document on file. Moreover, the article, proposes a solution to these challenges, mainly by considering the aims of the examination procedure and staying consistent with the remaining regulations concerning the process of gathering evidence.

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