Abstract

In its resolution of 11 December 2018, III CZP 31/18, the Supreme Court explained that a certified copy of a pleading extending the cause of action shall not be subject to direct service pursuant to Art. 132 §1 of the Code of Civil Procedure. This means that – even when both parties are represented by professional attorneys – a pleading extending the cause of action must always be filed together with a certified copy for the defendant and it is the court that shall serve such pleading on the defendant upon checking whether or not it is formally correct.

In keeping with Art. 142 §1 of CPC, only service through the court is always confirmed by the addressee in writing or via the ICT system of the mail operator. In this way it is possible to establish the date on which a certified copy of the pleading expanding the cause of action was served on the defendant.