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FAQ

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Can evidence also be secured for foreign proceedings?

It is also possible to secure evidence for foreign proceedings according to Council Regulation (EC) No 1206/2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters. The regulation allows an application to be submitted to obtain evidence designated for use in pending or future proceedings.

By making a request it is possible to make use of evidence and rules that do not exist in Polish legal system.

The requested court executes the request in accordance with the law of the Member State, in which it is located. However, the requesting court may call for the request to be executed in accordance with a special procedure provided for by the law of the Member State, in which it is located. The requested court shall comply with such a requirement.

Pursuant to the provisions of the Regulation, there are two grounds for refusing to apply foreign rules of evidence. One relates to a situation where the procedure is incompatible with the law of the Member State of the requested court. The other possibility of refusal is connected with major practical difficulties.

Pursuant to Art. 1137 of the Polish Civil Procedural Code a Polish court may secure evidence located in Poland if it is necessary for pursuing a claim abroad. The application for evidence to be secured is lodged in the district court, in whose jurisdiction the evidence is to be heard. The applicant shall be notified about the date set for hearing the evidence, except in case of urgency.