Liquidation of separate proceedings in commercial cases

28-03-2012

On 3 May 2012 come into force material amendments to the Act of 17th November 1964 – the Code of Civil Procedure (Journal of Laws of 1st December 1964). In terms of the entrepreneurs, the key amendment constitutes the liquidation of the separate proceedings in commercial cases.
 
As a consequence of liquidation of the separate proceedings in commercial cases, the subject-matter jurisdiction of the regional courts changes and henceforth they will hear cases where the value of a claim exceeds PLN 75,000 as opposed to the hitherto PLN 100,000. Concurrently, with the liquidation of the separate proceedings in commercial cases, the non-admission of evidence rule will be abolished and replaced with a system based on discretionary power of a judge, which means more flexibility in conducting the proceedings.

Pursuant to the new wording of the provisions, prior to the first session a president of the adjudicating panel will be entitled to oblige the parties to file pre-trail documents, set the order and term of filling the documents and the circumstance that are to be clarified. Moreover, filing the pre-trail documents during the course of the proceedings will be possible solely upon consent of the court, unless the document contains only a motion for examination of the evidence.

More information on the amendments to the Code of Civil Procedure that will come into force as of 3 May 2012 is available HERE.

Daniel Jastrun, daniel.jastrun@magnussonlaw.com
 
www.magnussonlaw.com  

 

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