Nowoczesne technologie komunikacji w postępowaniu dowodowym procesu o stwierdzenie nieważności małżeństwa w dobie pandemii COVID-19
The modern communication technologies in the taking of evidence in a process of nullity of a marriage of the circumstances of the COVID-19 pandemic

Summary/Abstract: An increasingly common practice, used by parties in proceedings for nullity of a marriage, is to provide evidence in the form of private documents that have been obtained using modern means of social communication. The content of e-mails, text messages, records of conversations via instant messaging, constitute evidence for inclusion in the files requested by the parties. When assessing the probative value of such content, the judge must, however, be convinced of its authenticity, integrity and fairness, both as to the evidence itself and the way it was obtained. Due to the circumstances of the Covid-19 pandemic, Internet communication, which is now the main mode of interpersonal communication today, has gained additional significance. During the lockdown, it was sometimes and still remains in some cases the only way of contact, as well as dealing with official matters, including court matters. In the order of Polish state law, the domestic law allows, in connection with sanitary restrictions, to conduct court hearings in civil cases in the form of videoconference. Also, some church courts applied to the Supreme Tribunal of the Apostolic Signatura for a dispensation to interrogate parties and witnesses and to conduct consultations by experts using remote tools.

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