Plan rozprawy: zwiększenie zaangażowania stron czy fikcja ułatwienia przebiegu postępowania?
A trial plan: an increased involvement of the parties or a fiction of streamlining of the procedure?

Author(s): Anna Lanina
Contributor(s): Krzysztof Leitgeber (Translator)
Subject(s): Civil Law
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: amendment to the Code of Civil Procedure; trial plan; preparatory meeting; organization of the procedure
Summary/Abstract: The amendment to the Code of Civil Procedure of 2019 has introduced a number of changes concerning the preparation for the hearing of the case and related procedures of the judge and the parties. The article consists of considerations concerning an analysis of the new lawsuit regulation – a trial plan, the issues related to which constitute an extended institution of the preparatory meeting. The preparatory meeting is a fundamental element of the procedure’s organization and a key institution of examination proceedings in view of the legal framework after passing the amendment. By imposing on the parties the obligation to participate in the preparatory meeting, the legislator strove to accelerate and streamline the procedure, simultaneously aiming at preventing its lengthiness. This article attempts to answer the question not apparently obvious: does the novum consisting in the drawing of the trial plan induce an increased involvement of the parties or, conversely, will introducing a new regulation to the lawsuit result in additional complications? With this end in view, new regulations have been compared to the present legal framework and some elements of the preparatory proceedings and selected problems concerning the concentration of evidence have been analyzed.

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