How do you decently file a lawsuit? Formal requirements under the civilian Procedure Code

A suit is simply a key paper initiating a judicial procedure. Its correct drafting is essential for the effective commencement of the trial before the court. In Poland, detailed requirements for the application are laid down in the Code of civilian Procedure (KPC). In this article, we will discuss what these requirements are and what we should pay attention to erstwhile drawing up a suit so that it meets all the formalities.

Formal application requirements – what does the law say?

Pursuant to Article 187 of the civilian Procedure Code, the application must comply with certain formal requirements in order to be able to be heard by the court. Otherwise, the court may call for the formal deficiencies to be corrected and, in utmost cases, reject the lawsuit.

Conditions of the pleading

The first step in correct preparation of the application is to comply with the general conditions of the pleading. The KPC requires that any procedural document, including a lawsuit, be written and signed by the plaintiff or his representative. Key elements of the suit include:

1. Specific request: The suit must clearly specify what the plaintiff demands from the defendant. In the case of property rights cases, it is besides essential to indicate the value of the content of the dispute, unless it relates to a certain amount. This is simply a fundamental component of the lawsuit, due to the fact that the deficiency of precise order can consequence in the return of the lawsuit.
2. Date of claim due: In cases where the claimant requests a claim, it is essential to indicate the date from which the claim became due. This is crucial for determining the minute from which payment or performance of the undertaking may be requested.
3. Statement of facts: The application must contain a detailed description of the facts on which the plaintiff bases his request. Furthermore, in any cases, it may be essential to justify the jurisdiction of the court. The recognition of the applicable facts is the basis for the Court's assessment of the merits of the claim.
4. Information on mediation: An crucial part of the suit is besides the information concerning the effort to mediate or another out-of-court resolution of the dispute. If the parties have not made specified attempts, the reason must explain why they have not decided to do so. According to the case-law, courts are increasingly emphasising the anticipation of resolving disputes through mediation, which can velocity up proceedings and reduce their costs.

Additional applications in the application

The suit does not should be limited to the main request. The plaintiff may besides include additional conclusions which may aid to carry out the proceedings. The most common conclusions are:

1. Application for defence: In cases where there is simply a hazard that enforcement of a judgement may be impeded, the plaintiff may lodge a claim for the duration of the proceedings. This may include, for example, the seizure of the defendant's assets or another measures to safeguard the interests of the plaintiff.
2. Application for immediate enforceability: The plaintiff may require the court to give the conviction the rigor of immediate enforceability, which means that the conviction can be enforced without waiting for its validation.
3. Request for a proceeding in the absence of the plaintiff: In circumstantial cases, the plaintiff may apply for a court to proceed without his presence. specified a request may be made, for example, where the plaintiff cannot personally appear at the proceeding for nonsubjective reasons.
4. Conclusions to prepare the hearing: These may include a request for a proceeding of witnesses and experts, an examination, an work by the suspect to supply the papers or items needed to carry out the evidence, as well as a request for evidence in courts, offices or 3rd parties. In court practice, specified requests may greatly facilitate the conduct of the evidence and shorten the duration of the process.

Summary

The filing of a suit in accordance with the formal requirements set out in the civilian Procedure Code is essential for the effective commencement of legal proceedings. The application should contain a circumstantial request, a description of the value of the dispute, the date on which the claim is due, an indication of the facts on which the request is based and information on attempts to mediate or another methods of dispute resolution. In addition, the plaintiff may make additional applications in the application, specified as the safeguarding of the action or the granting of immediate enforceability, which may importantly affect the course and result of the proceedings.

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Daniel Głogowski

Expert in his field – Publicist, author and social activist. The first articles were published in 1999 for global publishers. For more than 30 years, he has gained his experience through cooperation with the largest editorial offices. In his articles, he seeks to address controversial topics and present first viewpoints that allowed for a deeper knowing of the issues discussed.