Poland - Central Authority (Art. 2) and practical information
Central Authority(ies):
Ministry of Justice
Contact details: |
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Address: | Ministry of Justice (Ministerstwo Sprawiedliwości) Departament Współpracy Międzynarodowej i Praw Człowieka Al. Ujazdowskie 11 00-950 Warsaw P.O. Box 33 Poland |
Telephone: | +48 22 23 90 870 |
Fax: | +48 22 62 80 949 |
E-mail: | sekretariat.dwmpc@ms.gov.pl |
General website: | www.ms.gov.pl |
Contact person: | Mr Łukasz Kusiak Lukasz.Kusiak@ms.gov.pl +48 22 23 90 346 |
Languages spoken by staff: | Polish, English, Russian |
Practical Information |
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Blocking statutes: |
Yes, there are two European instruments of this nature: |
Chapter I |
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Transmission of Letters of Requests: | Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State. |
Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7): |
Judicial authority competent to execute the request. |
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): | Declaration of applicability. See Competent Authority. |
Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): |
No declaration of applicability. |
Translation requirements Arts 4(2) and 33): |
Accepts Letters of Requests written in or translated into Polish. |
Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): |
Poland seeks reimbursement of costs under Art. 14(2). |
Time for execution: | Between 2 and 6 months approximately. |
Pre-trial discovery of documents Art. 23): |
Letter of Request will not be executed (full exclusion). |
Information about domestic rules on the taking of evidence: | European Judicial Network in Civil or Commercial Matters - Poland. |
Witness examination under Chapter I |
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Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? | Only a list of matters to be addressed is required. |
Is it a public or private hearing? | Public hearing. |
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? | No. |
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? | No. |
Are documents produced by the witness authenticated by the court? | No. |
Is an oath generally administered to the witness? | Yes. |
Can the witness be made subject to further examination and recall? | Yes but a second request is necessary. |
Are there sanctions for non-appearance of witness? | According to article 274 of the Polish Code of Civil Procedure, the court shall fine the witness for an unjustified non-appearance, then it shall summon him again and, in the event of repeated non-appearance, it shall fine him again and may order him to be brought forcibly to the court. |
Must interpreters who assist with the witness examination be court-certified? | Yes. |
How is the testimony transcribed? | Under Polish law, the testimony is transcribed in the minutes of the court session. In some instances, it may also be recorded by audio device. |
Chapter II |
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Article 15 | Applicable. |
Article 16 | Not applicable. See declarations. |
Article 17 | Not applicable. See declarations. |
Article 18 | Not applicable. See declarations. |
Taking of evidence by video-links |
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Chapter I |
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Are there legal obstacles to the use of video links? | No. |
Technology used: | No information available. |
Level of interpretation required: | No information available. |
Simultaneous or in sequence interpretation: | No information available. |
Interpretation required in which jurisdiction? | No information available. |
Who pays for the interpretation? | No information available. |
How would a request for evidence be handled if witness not willing? | No information available. |
Chapter II |
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Are there legal obstacles to the use of video links? | No. |
Technology used: | No information available. |
Level of interpretation required: | No information available. |
Simultaneous or in sequence interpretation: | No information available. |
Interpretation required in which jurisdiction? | No information available. |
Who pays for the interpretation? | No information available. |
Other Information |
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Bilateral or multilateral agreements |
Bilateral conventions on judicial co-operation: Australia, Belarus, Bulgaria, China, Cyprus, Czech Republic, Estonia, Finland, France, Latvia, Lithuania, Germany, Romania, Russian Federation, Slovakia, Slovenia and Ukraine. |
Useful links: | |
Competent authorities (Art. 8, 15) | See here. |
Additional authorities (Art. 24, 27a) | See here. |
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