Monitor Prawniczy

no. 19/2021

Being bound by a party’s request for holding an appeal hearing pursuant to the simplified procedure

DOI: 10.32027/MOP.21.19.4
Marcin Dziurda
Autor jest adiunktem w Katedrze Postępowania Cywilnego Uniwersytetu Warszawskiego; ORCID: 0000-0003-2896-818X.
Abstract

The amendment to the Polish Code of Civil Procedure of 4 July 2019 repealed Art. 50510 § 2 of the Code, under which the court had the ability to review an appeal during a hearing in camera according to the simplified procedure, unless a party requested a hearing in the statement of appeal or in the response to the statement of appeal. Instead, the same regulation was added to the general provisions concerning the trial (Art. 374 of the Code). In the Supreme Court Resolution of 2 July 2021, III CZP 46/20, it was held that in the current legal landscape, under Art. 374 in conjunction with Art. 13 § 1 of the Code of Civil Procedure, a court of second instance following the simplified procedure is bound by a party’s request to review the appeal during a hearing if the party made such a request in the statement of appeal or in the response to the statement of appeal, unless the statement of claim or the statement of appeal has been withdrawn or the proceedings are invalid. Separate regulations arise from ad hoc regulations relating to COVID-19 epidemic.