When evidence relevant to English litigation is contained within court proceedings taking place in Poland, obtaining that evidence is rarely straightforward.

Unlike many other categories of documents, access to Polish court files is governed by Polish procedural law and, particularly where the applicant is not a party to the proceedings, remains subject to the court’s discretion. For UK law firms, obtaining evidence from Polish court proceedings therefore requires careful planning, an understanding of the Polish legal system and, in most cases, assistance from a lawyer qualified in Poland.

Several years ago, I assisted in a cross-border personal injury claim in which important evidence had already been gathered during ongoing proceedings before a Polish court. The English legal team needed copies of those documents for use in the English proceedings.

Obtaining that evidence required considerably more than simply making a request.

Where the applicant is not a party to the Polish proceedings, a formal application will usually need to explain why access to the court file is required and demonstrate a legitimate interest. The court will then decide whether access should be granted and may refuse the request, particularly where the proceedings are still ongoing.¹ ²

In practice, this process will usually require the involvement of a Polish advocate (adwokat) or attorney-at-law (radca prawny), who can prepare the application, correspond with the court and deal with any procedural requirements.

Even where permission is granted, obtaining evidence from Polish court proceedings can be time-consuming. In many courts, the file must be inspected in person, and copies are made by the authorised representative inspecting the file rather than by court staff. As a result, attendance at the court by a Polish legal representative is often necessary before the relevant documents can be obtained.

A similar approach applies where evidence is sought from the Polish prosecutor’s office or the police. Access is not automatic, and disclosure will generally depend on demonstrating a legitimate interest and obtaining the appropriate authorisation under the applicable procedural rules.³

For UK solicitors conducting cross-border litigation, obtaining evidence from Polish court proceedings may therefore involve procedural hurdles, practical delays and, importantly, no guarantee that access will ultimately be granted.

At LSSP, I assist UK law firms by coordinating these requests, arranging attendance at courts and public authorities, obtaining authorised copies of documents where permission is granted, and ensuring that evidence obtained in Poland can be efficiently incorporated into English proceedings.

Aggie Januszkiewicz
Solicitor (England & Wales) | Certified Translator (Poland)
Founder, LSSP – Legal Support Services Poland

References

¹ Article 9 of the Polish Code of Civil Procedure (Kodeks postępowania cywilnego) provides parties and participants with the right to inspect court files. Third parties seeking access must demonstrate a legitimate interest, and the decision rests with the court.

² Article 156 of the Polish Code of Criminal Procedure (Kodeks postępowania karnego) governs access to criminal case files. Persons who are not parties to the proceedings may inspect files only with the permission of the competent authority.

³ Access to files held by the Polish prosecutor’s office and the police during criminal investigations is principally governed by Article 156 of the Polish Code of Criminal Procedure and related procedural provisions.