Abstract

Following amendments introduced as of 15 March 2018, the competencies of attorneys ad litem have been considerably expanded; the foregoing also applies to the attorneys ad litem competencies under Article 143ff of the Polish Civil Procedure Code (CPC) in respect of parties whose whereabouts are unknown. In keeping with Article 69 § 3 of the CPC, attorneys ad litem are empowered to take all actions relating to a case.In its resolution of 24 January 2020 (ref. III CZP 41/19), the Supreme Court explained that an attorney ad litem appointed by the adjudicating court for a person whose whereabouts are unknown was not empowered to initiate other proceedings. However, the Supreme Court did not rule on the issue as to whether or not the attorney ad litem may take dispositive actions under Article 69 § 3 of the CPC – enter into a settlement agreement, recognise the claim in favour of the moving party or waive a claim.