The Code of Civil Procedure provides for a number of separate proceedings. One of these is proceedings in commercial matters.
What are separate proceedings?
The provisions governing civil litigation contained in the Code of Civil Procedure are, as a general rule, universal in character. However, in accordance with the legislature’s intention, certain categories of case are heard in so-called separate proceedings (postępowania odrębne), which differ — to a greater or lesser extent — in the rules that apply to them. These include, among others, matrimonial cases, cases falling within the scope of employment and social insurance law, and, of course, commercial cases.
What are commercial cases?
Article 458(2) of the Code of Civil Procedure defines with considerable precision which cases fall within the commercial category. Speaking in the broadest terms, however, these are proceedings between traders (entities carrying on business activity) that relate to that activity. Cases concerning construction contracts and leasing agreements are particularly common, as are matters falling within the scope of insolvency and restructuring law.
Evidence preclusion (prekluzja dowodowa)
This term refers to the significant restrictions on the ability to submit applications for the taking of evidence that apply in civil proceedings. These restrictions are especially strict in commercial proceedings. It is established that the Claimant is obliged to set out all assertions and evidence in the statement of claim, while the Defendant must do likewise in the defence. Failure to comply with this requirement may provide grounds for the court to disregard assertions and evidence submitted at a later stage.
Other restrictions
The Code of Civil Procedure also imposes further restrictions on the parties to commercial proceedings. In particular, it is not permissible to alter claims by adding new ones or claims based on a different legal or factual basis. Moreover, not all forms of evidence are treated equally — the courts permit witness evidence only in particular circumstances, and the principal facts concerning legal relationships must, as a rule, be established by way of written documentation.