Monitor Prawniczy

no. 3/2020

Consequences of admitting late evidence

DOI: 10.32027/MOP.20.3.4
Marcin Dziurda
Autor jest adiunktem w Katedrze Postępowania Cywilnego Uniwersytetu Warszawskiego. ORCID: 0000-0003-2896-818X.
Abstract

The regulations governing concentration of material to be used in evidence in civil proceedings have been completely amended, effective as of 7 November 2019. The former system of evidence preclusion has again replaced the model of discretionary power of the judges. Late assertions or evidence are disregarded unless a party proves that presenting it in due time was impossible or that the need to adduce evidence has arisen at a later time.Notwithstanding the above, it may be concluded that the Supreme Court judgement of 9 August 2019 (II CSK 353/18) has remained valid. Under the said judgmenet, a party to the appeal or cassation proceedings may not effectively claim that the concentration regulations have been violated because the court considered late assertions or admitetd late evidence.