FAQ

Can a Polish court hear evidence for foreign proceedings?: It is possible to take evidence in Poland for foreign proceedings at the request of the court where such proceedings are taking place. This can involve, among other things, taking witness statements. The procedure of taking such evidence depends on the requested country. Within the EU the procedure is conducted according to Council Regulation (EC) No 1206/2001.

That regulation allows an application to be submitted to obtain evidence designated for use in pending or future proceedings. The same issue is covered by the Hague Convention on Civil Procedure of 1 March 1954, amended by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters of 15 November 1965 and the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters.

The Conventions allow a foreign court to address a request for assistance through the Polish Ministry of Justice, which passes a motion to a relevant district court.

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