Monitor Prawniczy

no. 8/2023

The principles for formulating motions and declarations of the parties in pleadings in the context of changes introduced by the Act of 9 March 2023 amending the Code of Civil Procedure and certain other acts

Monika Odrowska-Stasiak
Autorka jest asystentem w Katedrze Postępowania Cywilnego II Uniwersytetu Łódzkiego w Łodzi, radcą prawnym.
Abstract

The article presents comments concerning motions and declarations of the parties contained in pleadings. Apart from the definitions of “motion” and “declaration”, the article discusses the principles for formulating motions and declaration as well as their place in pleadings. The issue has been also considered in the context of changes i introduced by the Act of 9 March 2023 amending the Code of Civil Procedure and certain other acts. Under that Act, Art. 1281 of the Code of Civil Procedure was introduced, which imposed new duties on professional attorneys with respect to formulating motions and declarations as well as the graphic layout of pleadings. An attempt has been made in the article to explain the substance of new duties and the consequences of infringement of Art. 1281 of the Code of Civil Procedure have been outlined.

Keywords
pleading, motion, declaration, statement