Abstract

The article contains practical remarks, based on an analysis of the case law, as regards presenting extensive evidence in civil proceedings before a common court.

As regards the method of submitting exhibits attached to pleadings - if the number and size of these exhibits makes it practically impossible to submit them in form of authenticated printouts - the adopted position is that unauthenticated photocopies, computer printouts and electronic data are to be accepted – under Art. 309 of the Code of Civil Procedure – as evidence, whose weight should be assessed taking also into account why they have been presented in a given form and the position of the opposing party as to the presented photocopies and printouts.

With respect to the possibility of a complementary submission of documentation examined by an expert witness, it has been pointed out that the rule of procedural preclusion does not apply if the documents referred to as evidence in the first pleadings have not been attached thereto. They may be presented later, in the course of the proceedings without any negative procedural consequences.

The article also discusses the permissible extent of expert witness’ search for documents not presented in case files. Moreover, it approves and justifies the possibility of referring to the exhibits attached to a pleading to support the party’s position outlined in the pleading.