In our previous post on the draft bill amending the Code of Civil Procedure, we presented the solutions the legislature envisages regarding general provisions concerning jurisdiction, procedural documents, costs, recusal of a judge, appointment of experts, and regulation of offsetting. Today's alert summarizes the remaining innovations proposed by the government in the bill.

Changes regarding the delivery of correspondence:

1. A party that is an entrepreneur registered in the Central Registration and Information on Business will be obligated to notify the court of any change in its address for service. Otherwise, the document will generally be retained in the case file and deemed to have been served.
2. Power of attorney to receive court documents may be granted to any natural person.
3. If a party that is a business registered in the CEiDG (Central Registration and Information on Business) cannot receive the first document in the case due to the failure to disclose a change of address for service, the document will be delivered to their residential address. In such a situation, the costs of such delivery, regardless of the outcome of the case, will be borne by the party to whom the document is to be served.
4. Delivery by a bailiff will no longer be used in a situation where, despite the addressee not collecting the shipment, the validity of the address is beyond doubt.
5. The plaintiff may prove in writing that the defendant resides at the address indicated in the lawsuit. The document will then be deemed served. Subsequent delivery of this document by the bailiff will not restart the time limits associated with service.

News regarding preparatory sessions and the trial schedule:

1. The changes also apply to preparatory hearings. The court will not be required to strictly adhere to the regulations governing hearings if this allows for the hearing's objectives to be achieved. Furthermore, if the plaintiff or their attorney fails to appear at a preparatory hearing without justification, the court will dismiss the proceedings. The plaintiff's right to justify their absence within one week of the date of service of the decision to dismiss has been removed.
2. The hearing plan issued after the preparatory proceedings will no longer have the character of a plan prepared with the parties. The court will have the final say in the event of a dispute regarding a specific part of the plan or any changes to its content.

Changes regarding closed sessions and rulings issued therein:

1. The court may close a hearing in camera if this will facilitate the efficient examination of the case and scheduling further hearings is unnecessary. The parties will be notified of the possibility of issuing such a ruling and will be given the opportunity to submit their submissions. The court is obligated to close the hearing within one month of the expiry of the parties' submission deadline.
2. If the hearing is closed in camera, the court will be obliged to issue a judgment at the same session.
3. The court may justify a decision issued in camera, which is subject to appeal, ex officio if this will facilitate the proceedings or if the decision concerns the award of reimbursement of costs to a person who is not a party to the proceedings.
4. A regulation has also been introduced which states that the service by the court ex officio of a copy of a decision issued at a closed session with justification will release the party from the obligation to submit a request for the service of the decision with justification.

Changes to the provisions on appeals against court decisions:

1. It will be possible to file complaints against decisions and orders regarding the correction and interpretation of a judgment or their refusal.
2. A presumption of jurisdiction of the second-instance court to hear the appeal will be introduced. Only if a specific provision precisely specifies which court hears the appeal will it be possible for it to be heard by that same court.
3. There will also be minor changes to the provisions on appeals, complaints against a court registrar's decision, complaints against reopening proceedings and declarations of illegality of a final judgment.

The most important changes regarding separate proceedings and enforcement proceedings:

1. Instructions on economic matters will be significantly simplified, and there will be no requirement for the parties to provide an email address or to prepare a declaration that they do not have one.
2. A completely new procedure will be added in cases involving consumers, which will be discussed in the next article.
3. The regulations regarding enforcement proceedings will also change, more about this in the next article.

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