Digital transformation and the traditional rules of civil procedure – Some remarks on the Polish example

Kaczmarek-Templin, Berenika (2023) Digital transformation and the traditional rules of civil procedure – Some remarks on the Polish example. HUNGARIAN JOURNAL OF LEGAL STUDIES, 64 (3). pp. 363-376. ISSN 2498-5473

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Abstract

We have seen the tremendous development of new technologies, especially in the field of electronic communications. As they are present in our daily lives, it is expected that the new technical possibilities will be used in the courts. In Poland, the digital transformation of civil procedure began with the implementation of electronic writ proceedings. Among the electronic tools which support the trials, there is a possibility of hearing the parties and witnesses using videoconferencing, and the Electronic Case Management System, which allows authorized entities to get access to the information on the pending case. The procedural rules are fluctuating and depend on the changes taking place in the economic and social structure. It can be assumed that as circumstances change, the rules may, and even should, be reinterpreted, and the legislator should strive to change the procedural provisions so that they will be consistent with the objectives and guidelines resulting from the procedural principles. The analysis of the issues related to the digitization of civil cases, as an issue of paramount importance, allows us to assume that digitization does not entail modifying the model and its basic principles. The digital transformation of the civil trial emerges within the framework resulting from the provisions of the Code of Civil Procedure, as none of the procedural principles is violated. It can even be assumed that digitalisation allows for a more complete implementation of procedural principles. In fact, this can also be an argument in favour of introducing modern technological tools to procedural regulations.

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