E-proceedings in Poland
January 18th, 2010, Tomasz RychlickiOn 1 January 2010 the provisions of the Act of 9 January 2009, amending the Act – Civil Proceedings Code and other acts, Journal of Laws (Dziennik Ustaw) No 26, item 156, came into force. This act introduced articles 50528 – 50537 which added to the CPC, in the First Book – the Trial, the title VII. Separate proceedings, Chapter VIII. Electronic proceedings, Chapter 1 Electronic admonition proceedings. In addition, the series of implementing regulations were published in the Journal of Laws (Dziennik Ustaw) on 31 December 2009, No 226. These regulations include inter alia:
– The regulation of the Minister of Justice of 28 December 2009 on the procedure of setting up an account and the way of using of electronic signatures in the electronic admonition proceedings,
– The regulation of the Minister of Justice of 28 December 2009 on the procedure of electronic serving in the electronic admonition proceedings,
– The regulation of the Minister of Justice of 28 December 2009 on the method of electronically lodging of pleadings in the electronic admonition proceedings,
– The regulation of the Minister of Justice of 28 December 2009 on the action of the court relating to the enforceability of a judicial decision rendered in the electronic admonition proceedings.
So, since 1 January 2010, XVI Civil Department of the Regional Court in Lublin is formally and officialy the first Polish e-court.
The electronic admonition proceedings were introduced as a separate proceeding – having the nature of summons for payment – in cases where the facts are not complicated and there is no requirement of the evidence proceedings. The suit in the electronic admonition proceedings may be filed by a natural person or a person acting on behalf of the plaintiff (the agent, legal representative) who also has an account enabled at www.e-sad.gov.pl website and a valid certificate to create the electronic signature. The plaintiff’s pleadings have to be lodged electronically to produce legal effects as provided by the law with regard to pleadings filed in the court.
Electronic versions of the statement of claim and other pleadings may be signed with a qualified certificate issued by a Qualified Certification Center. A person who does not have a valid qualified certificate should request a certificate from the Certification Center EPU and download the certificate, before filing a suit.
The suit should also include plaintiff’s number in the Universal Electronic System for Registration of the Population – PESEL – (in Polish: Powszechny Elektroniczny System Ewidencji Ludności) which is the national identification number used in Poland since 1979 or Tax Identification Number – NIP – (in Polish: Numer Identyfikacji Podatkowej) of the plaintiff other than a natural person, if the plaintiff is obliged to have one, and the number of the National Court Register (in Polish: Krajowy Rejestr Sądowy), or the number in the other appropriate register or other records. This is much stronger requirement when it comes to e-pleadings because such a requirement does not apply to actions brought in writing.
The plaintiff should indicate the evidence to support his/her claims in the petition. The evidence is not attached to the petition.
Court fees in the electronic admonition proceedings are paid only electronically via the payment service provider. Activities during the electronic admonition proceedings may be exercised by court’s referendary (division official).
The ruling issued in the electronic admonition proceedings is deemed as the writ of execution. The enforcement clause is only left in the computer system. After the decision issued during the electronic admonition proceedings becomes final, the enforcement clause is issued ex officio. The plaintiff, or person acting on behalf of the plaintiff, may submit a request for execution of the decision to the selected bailiff through the communications system of the e-court based on the electronic writ of execution received.