On January 15, 2021, the Prime Minister submitted a draft bill to the Sejm amending the Code of Civil Procedure and certain other acts. Below, the litigation team at Graś i Wspólnicy sp.k. outlines the most important proposals:

  1. Introducing the possibility of a bailiff selling real estate through electronic auction. This form of sale could be used at the request of a legitimate creditor. The draft law specifies the online sale process, which suggests that it will be conducted entirely remotely.
  2. Amending the COVID regulations by removing the possibility for a party to court proceedings to submit a request for a hearing if the case is referred to a closed session.
  3. All hearings before the Supreme Administrative Court and the provincial administrative courts would be conducted remotely. If remote communication devices are not available, the Chairman will be authorized to hold a closed hearing.
  4. Attorneys and legal counselors will be required to provide a work email address and telephone number. If the electronic system supporting court proceedings cannot be used, the court will deliver digital copies of documents to professional attorneys via the information portal. After 14 days from the document's posting on the information portal, the document will be deemed served, unless the recipient reads it on an earlier date (in which case the date of reading the document will be considered the date of service).
  5. Due to the introduction of digital document delivery, attorneys and legal advisors will be required to attach additional electronic copies of the document and its attachments to their correspondence. This obligation will apply to documents that, according to regulations, must be served on the other party by the court.
  6. A catalogue of urgent cases has also been created (including cases in which a protective measure has been ordered, cases concerning European Arrest Warrants, or cases concerning conditional discontinuance of proceedings). If specific courts discontinue their proceedings, they can be transferred to other courts within the appellate jurisdiction or to courts outside the appellate jurisdiction.

    It appears that introducing the option of delivering correspondence via an electronic system may entail significant risks related to deadlines. Therefore, it will be advisable to hire a lawyer who will be proficient in using the information portal and diligently review all publications on the cases.


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