Monitor Prawniczy

no. 9/2018

An abusive or vulgar language in a pleading

Jakub Kawałek
Autor jest sędzią Sądu Rejonowego w Bydgoszczy.
Abstract

The article discusses the procedure followed if a filed pleading contains abusive or vulgar expressions. The author believes that there are situation whereby such expressions are allowed in a statement of claim. On the other hand, if such expressions are considered redundant, they do not constitute formal defects of a pleading but an abuse of procedural law. Hence they should not be removed as part of the corrective procedure under Art. 130 § 1 of the Code of Civil Procedure, with the sanction of return provided for in Art. 130 § 2 of the Code of Civil Procedure, but as ordered by the presiding judge preparing the trial under Art. 208 § 1 in conjunction with Art. 3 of the Code of Civil Procedure with the sanction of suspension of the proceedings provided for in Art. 176 § 1.6 of the Code of Civil Procedure.