Abstract

In the introductory remarks, delivery of court papers and pleadings by a court bailiff under the Act of 29 August 1997 on court bailiffs and enforcement, and Art. 823³ of the Code of Civil Procedure in its original wording has been discussed. Then, discussed have been the problems of deliveries by court bailiff under Art. 139¹ of the Code of Civil Procedure in its original wording in force until 1 July 2023 and under the Act of 22 March 2018 on court bailiffs. At the same time, important interpretational doubts as to the scope ratione materiae and ratione personae of delivery by bailiff.
The main body of the article concerns deliveries by bailiff under the Act of 9 March 2023 amending the Code of Civil Procedure and certain other acts. In that part, the amended provisions of Art.139 § 2¹ and Art. 139¹ of the Code of Civil Procedure and the provision of Art. 3a of the Act on court bailiffs. On this basis as well as on the basis of the experience of delivery by bailiff several important de lege ferenda postulates as regards future normative solutions of such delivery have been formulated.
The last part of the article is devoted to enforcement fees for delivery by bailiff.