Monitor Prawniczy

no. 3/2023

Examination of the parties in the process of claiming damages – an analysis of the key rights of the parties in evidentiary proceedings

DOI: 10.32027/MOP.23.3.4
Michalina Jusik
Autorka jest adwokatem, a także doktorantką na Wydziale Prawa i Administracji Uniwersytetu im. Adama Mickiewicza w Poznaniu.
Abstract

Although the evidence from examination of a party is incidental, it plays an important role in civil proceedings, especially when there are no other sources on the basis of which a party could support its claims in the case. Therefore, it plays an important role in the procedure for damages, in particular where the defendant’s liability is in principle challenged or where the extent of the damage is disputed, since it allows for establishing unexplained facts in the case.At the times of the pandemic, it has become possible to conduct a hearing remotely, and thus to examine a party at a distance, but it should be pointed out that any irregularities related to online examination that would affect the outcome of the proceedings may become grounds for filing an appeal.Currently, there is a dispute in the doctrine regarding the possibility of a written examination of a party to the proceedings, though as regards de lege ferenda comments it would be appropriate to carry out a detailed analysis, at the stage of the legislative work, of the need to introduce the provisions concerning examination of the parties in writing to the Code of Civil Procedure as this would be an alternative to ensure the efficiency of the course of compensation proceedings.

Keywords
examination of the parties; remote hearing; written examination of the parties; informative hearing of the parties to civil proceedings