Procedural law, case I CSK 138/08

January 17th, 2012, Tomasz Rychlicki

The Supreme Court in its judgment of 5 November 2008 case file I CSK 138/08 dismissed a cassation complaint in case related to tangible property, however the Court also decided on issues related to digital evidence. The Supreme Court found that the Appeallate Court erred in law by not admitting and refusing to assess evidence of computer printouts submitted to the case by the defendant. The Court did not agree with the opinion that prints do not meet the requirements of documents and thus can not be considered as evidence in the process. Even if unsigned computer printouts are not considered as a document within the meaning of provisions of Article 244 and 245 of the Civil Proceedings Code – CPC – (in Polish: Kodeks Postępowania Cywilnego) of 17 November 1964, published in Journal of Laws (Dziennik Ustaw) No 43, item 296, with subsequent amendments, it should be considered that the CPC does not contain an exhaustive list of evidence and it is acceptable to use any source of information about the facts relevant to the outcome of the case, if it is not contrary to law. Therefore, the Appeallate Court should allow to submit such evidence based on the provisions of Article 308 of the CPC. This provision refers to evidence other than as expressly set out in the CPC, and the same may also apply to computer printouts.