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FAQ

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Does a defence have to be submitted?

In ordinary proceedings a defence may be, but need not be filed. There are no special rules as to the subject matter of a defence. Nor is there an obligation to file all evidential material available. The defence should be filed at the court which served the statement of claim on the defendant. A copy for the plaintiff should be attached to it.

In commercial proceedings the plaintiff is obliged to file a defence within two weeks of service of the statement of claim. The defence should be sent to the court which served the statement of claim on the defendant and to the plaintiff(s) directly. Confirmation of postage to the plaintiff should be attached otherwise the defence is returned by the court. The defence may be posted on the last day of the deadline, but only from a Polish post office. Failure to file a defence entitles the court to issue a default judgment in favour of the plaintiff, if the circumstances of the matter do not raise serious doubts.

The rules concerning submission of evidence set forth above with regard to the statement of claim apply to the defence as well. The defendant in commercial proceedings must present all arguments and all accessible evidence in the defence. Further evidence may be admitted by a court only if it could not be presented earlier and only within two weeks from the moment when the new evidence became accessible to the party.

The structure of commercial proceedings and in particular the rules on submission of evidence defined above determine that as a rule after the first pleadings of the parties only proceedings as to evidence are conducted.