Adjudication of a Civil Case at a Remote Hearing and Remote Witness Evidence in View of the Implementation of the Supreme Principles of the Procedure and the Postulate of Speed of Proceedings on the Grounds of the Amendment of the Civil Procedure Cod

With the amendment of the Civil Procedure Code of 7 July 2023, the legislator decided that remote hearings will be permanently implemented into the Civil Procedure Code. Thus, as of 14 March 2024, parties are able to participate in a hearing in the building of the court holding the proceedings, which is the principle, as well as on the basis of an order of the presiding judge using technical devices while outside the court building or in the building of another court. Such fundamental amendments require analysis in terms of their compliance with the supreme principles of civil procedure, i.e. publicity, equality, directness, orality and efficiency of proceedings, which is a postulate. The possibility of hearing a civil case remotely and taking evidence from witnesses remotely reinforces the implementation of the supreme principles of the procedure. However, it is crucial that the rules are properly applied in practice and that the technical problems that arise when connecting to the court are handled accordingly.

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Publication Details

Journal
Annales Universitatis Mariae Curie-Skłodowska sectio G (Ius)
Published
2025-07-04
DOI
https://doi.org/10.17951/g.2025.72.1.77-97
Primary Topic
Education, Law, and Society
Type
article
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article

Adjudication of a Civil Case at a Remote Hearing and Remote Witness Evidence in View of the Implementation of the Supreme Principles of the Procedure and the Postulate of Speed of Proceedings on the Grounds of the Amendment of the Civil Procedure Cod

Wiktor Marcinkowski
Annales Universitatis Mariae Curie-Skłodowska sectio G (Ius)
Education, Law, and Society
article

Adjudication of a Civil Case at a Remote Hearing and Remote Witness Evidence in View of the Implementation of the Supreme Principles of the Procedure and the Postulate of Speed of Proceedings on the Grounds of the Amendment of the Civil Procedure Cod

Wiktor Marcinkowski
article en

Abstract

With the amendment of the Civil Procedure Code of 7 July 2023, the legislator decided that remote hearings will be permanently implemented into the Civil Procedure Code. Thus, as of 14 March 2024, parties are able to participate in a hearing in the building of the court holding the proceedings, which is the principle, as well as on the basis of an order of the presiding judge using technical devices while outside the court building or in the building of another court. Such fundamental amendments require analysis in terms of their compliance with the supreme principles of civil procedure, i.e. publicity, equality, directness, orality and efficiency of proceedings, which is a postulate. The possibility of hearing a civil case remotely and taking evidence from witnesses remotely reinforces the implementation of the supreme principles of the procedure. However, it is crucial that the rules are properly applied in practice and that the technical problems that arise when connecting to the court are handled accordingly.

Annales Universitatis Mariae Curie-Skłodowska sectio G (Ius)Vol. 72(1)
University of Warsaw (PL)
Openalex Percentile: Top 79%
Education, Law, and Society
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Adjudication of a Civil Case at a Remote Hearing and Remote Witness Evidence in View of the Implementation of the Supreme Principles of the Procedure and the Postulate of Speed of Proceedings on the Grounds of the Amendment of the Civil Procedure Cod — Wiktor Marcinkowski · Annales Universitatis Mariae Curie-Skłodowska sectio G (Ius) (2025) | TGRS Research Map | TGRS