DELIVERY OF PLEADINGS BY REMOTE MEANS FROM THE PRESPECTIVE OF THE RIGHT TO COURT

As a rule, pleadings in civil proceedings in Poland are served in the paper form. There are only few types of proceedings (registry proceedings, bankruptcy proceedings, restructuring proceedings and electronic writ-of-payment proceedings) in which pleadings may be submitted in the electronic form using the ICT system made available by the court.
An episodic regulation was implemented during the Covid-19 epidemic, whereby letters originating from the court (rulings, orders and notices) are delivered to advocates and attorneys-at-law by remote means of communication (court information portal). This regulation does not, however, apply to pleadings (originating from the parties) which continue to be delivered in the paper form.
It would be advisable to implement a duty, whereby pleadings are to be submitted in the electronic form which would make it possible to deliver them to the other party in the same form. However, it could only apply to parties who have professional legal representatives. Some parti-cipants of the court proceedings are still digitally excluded, and therefore, imposing the duty to submit pleadings in the electronic form on parties acting without a professional legal representa-tive would violate their right to the court.