Monitor Prawniczy

no. 8/2023

Complaint in exploratory proceedings following the amendment of the Coce of Civil Procedure of 9 March 2023

Dariusz Chrapoński
Autor jest sędzią Sądu Apelacyjnego w Katowicach; wykładowca Krajowej Szkoły Sądownictwa i Prokuratury.
Abstract

The change to the Code of Civil Procedure introduced by the amendment of 9 March 2023 also concern the institution of complaint in the exploratory proceedings. The changes refer to the modification of the catalogue of complaint cases, both as regards complaints against decisions of the court of first instance and decisions of the court of second instance. The changes concerning complaint against the decisions of the court of first instance refer to secondary issues. The most significant change in this respect is the transfer of complaint against the decision of the court of first instance concerning security to the court of second instance. The decision of the court of second instance granting security has been made appealable, unless it is the result of the examination of a complaint. The rule that the complaint is heard by a panel of three judges has been retained, excluding the case of simplified proceedings. In turn, the complaint shall be rejected by a single judge.

Keywords
civil proceedings, court of first instance, court of second instance, complaint