Dowód z zeznań świadka w formie pisemnej – praktyczne aspekty dopuszczenia i przeprowadzenia dowodu

Abstract

Since 7th November 2019 most provisions of The Act of 4th July 2019 on Amendments to the Code of Civil Procedure and on Amendments to the Other Acts have been applied. Among many revolutionary changes to the rules on conducting trial proceedings, worth noticing is the content of the Code of Civil Procedure Art. 2711. It concerns the admissibility of evidence that differs from traditional oral form. This paper discusses the practical problems in admissibility and examination of evidence from witness testimony in written form. The issues summoning of the witness, forms, cautions and list of questions that are demanded to be answered in a witness statement are also addressed here. Furthermore, there are proposals of practical arrangements, so this new provision would be applied by court, therefore it would contribute to the efficiency of judicial procedures. This article published in January 2020 is considered to be the preliminary proposal to academic and practical discussion about legitimacy of implementation of described solution and its effective use.