FAQ

How is a witness examined?: If the court accedes to the application to hear a witness, it summons the witness to appear in court to testify. There is no official procedure allowing attorneys of the parties to approach witnesses earlier in order to verify their knowledge. Moreover, any direct contact between the parties and “their” witnesses regarding the merits of testimony may suggest that a witness is not impartial.

Witness statements are oral. Before a witness starts testifying, he/she is informed of legal liability for giving a false testimony. On the request of a party, the witness testifies under oath. As a rule, the testimony is based on the questions asked by the court and the parties. The court can confront witnesses if it finds that their testimonies are contradictory, usually upon application of a party submitted after the testimonies. However, a court may decide to confront witnesses on its own initiative, if it finds it justified. If a witness does not speak Polish, the court takes testimony with the assistance of a translator.

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Litigation News

Easier to amend environmental decisions

It often happens that the plans for a project are modified after a decision on environmental conditions is issued but before issuance of a permit for the project itself (e.g. the building permit). Is it necessary to amend the environmental decision?
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When a company has been issued an environmental permit, e.g. to release particles into the atmosphere, may it freely assign its rights under the permit?
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