Abstract

The most important changes introduced under the amendment to the Code of Civil Procedure of 4 July 2019 provide for excluding the possibility of to use means of recourse directly. Both in case of an appeal and – as a matter of principle – a complaint, in order to make a submission one must first request the ruling (order) with the statement of reasons to be delivered, which – pursuant to Art. 25b.1 of the Act on Court Fees in Civil Cases – is subject to a fixed fee of PLN 100. In its resolution of 28 May 2021, III CZP 26/20, the Supreme Court held that a complaint against the decision of a court referendary to dismiss the request for exemption from court costs, which had not been preceded by a request for preparing a statement of reasons and delivery of the decision and the statement of reasons, may not be dismissed on that account (Art. 398(22) § 2 of the Code of Civil Procedure). This means that a party has a choice whether to file a complaint against the decision of a court referendary directly or file a request for the statement of reasons first.