How long does it take to receive a judgment in a civil case? What is the procedure like?

Broadly speaking, the civil court hears cases in which the plaintiff’s claim is based on a civil law relationship. It is a simplification to assume that a civil case must result from the Civil Code: this is not the case, because we also have many other acts that regulate civil law relations (e.g. the Competition and Consumer Protection Act, as well as the Family and Guardianship Code, the bill of exchange law and many, many others).

What cases are brought to the civil division?

When asked what a civil law relationship is, a law student well prepared for the exam will answer that it is an arrangement in which the parties are equal. This is what distinguishes civil law from administrative law. In administrative law, one party has a certain power over the other – let’s take, for example, the relationship between the head of the tax office and the taxpayer. Anyone who has found themselves in this type of dispute knows that there is no partnership here.

Another thing is that the mentioned equality is legal, not real. In a dispute with a bank or other corporation, a consumer will always be a weaker player because there is no legal department behind him or the entire machinery that companies set in motion in the event of a court dispute.

If the parties fail to reach an agreement at the pre-trial stage, the case will go to trial. When it qualifies for consideration under civil procedure, the plaintiff (i.e. the party filing the lawsuit) must decide whether the district or regional court will be competent (there are 47 of them in Poland). Pursuant to Art. 16 of the Code of Civil Procedure, district courts hear all cases, except for matters for which the jurisdiction of district courts is reserved. Therefore, the district court is the “default” court, unless a certain scope of cases is reserved by law for the district court in the first instance.

The district court consists of, among others: lawsuits regarding:

• divorce decree.

• property rights in which the value of the subject matter of the dispute exceeds PLN 100,000. PLN (also in commercial matters), in addition to cases concerning alimony, infringement of possession, establishing separation of property between spouses, reconciliation of the content of the land and mortgage register with the actual legal status and matters examined in electronic writ proceedings.

• claims arising from the Press Law.

The role of the court in civil proceedings

The court acts as an arbitrator who supervises the course of the hearing and guarantees that it will be conducted in accordance with the law and the principles of justice. Both parties have the right to present their arguments, evidence, appoint experts and submit motions. Each party must also address the opposing party’s claims.

The court evaluates the evidence and its credibility, which is crucial for issuing a fair verdict.

The court is obliged to instruct parties who are not represented by a lawyer, legal advisor, patent attorney or the General Prosecutor’s Office of the Republic of Poland about specific legal provisions. This includes, among others: Art. 162 of the Code of Civil Procedure. Entering the parties’ reservations into the minutes of the meeting. Art. 205¹² KPC Citing claims and evidence by the party. Art. 229 of the Code of Civil Procedure. Facts admitted by the opposing party. Art. 230 of the Code of Civil Procedure. Presumption of admission of facts if the party has not denied the facts provided by the opponent.

The course of the civil hearing

A hearing in a civil court takes place in accordance with the provisions specified in Art. 210 of the Code of Civil Procedure. The most important stages of the trial:

1. Calling the case: The hearing begins with the court calling the case. The parties to the dispute (plaintiff and defendant) and their attorneys, if appointed, enter the courtroom.

2. Submitting demands and conclusions: After the case is called, the parties – first the plaintiff and then the defendant – submit their demands and conclusions orally. They also present claims and evidence to support them.

3. Declarations of the parties: Each party is obliged to submit a statement regarding the claims of the opposing party. They must detail the facts they deny. This is a key element that allows the court to determine the disputed issues.

4. Mediation and settlement: The court informs the parties about the possibility of amicable settlement of the dispute, in particular through mediation. This is a way to resolve the conflict without the need for further legal proceedings.

5. Evidence proceedings: The hearing also includes evidentiary proceedings, which involve the presentation and analysis of evidence by the parties.

6. Issuing a judgment: After conducting the evidentiary hearing, the court begins to assess the evidence presented and the arguments of the parties. On this basis, he issues a judgment.

How long does a civil proceeding take?

The hearing itself may last up to several minutes – this happens when one of the parties asks for an adjournment and presents arguments in favor of it. A more important question is how much time passes between filing a lawsuit and issuing a decision. This may range from several months to even several years in very complex cases. Commercial disputes in which the stakes are very high and the parties’ attorneys compete with each other in ordering analyses, appointing experts and raising further issues have a tendency to drag on.

The Polish judicial system is not an American movie in which trials are scheduled for subsequent days and a confident judge announces to the parties that “he will issue a ruling by Friday” because he is going on vacation and wants to get this case over with. In Polish conditions, subsequent hearings may be scheduled several months in advance, which causes them to extend significantly in time.

The case may as well be resolved at the first hearing – if the parties agree on their expectations, even a divorce may be granted at the first hearing. Conducting mediation earlier also speeds up the issuance of a judgment.

In large cities, the waiting time for a verdict is longer

Generally, a lot depends on the court where the case was brought. In large cities, the waiting time for the first hearing is longer because they are more “busy” with work.

A very important issue is whether both the parties and the witnesses summoned by the court will appear on the scheduled hearing dates. In the absence of the summoned witnesses or parties, the court will adjourn the hearing, which will automatically extend its course.

The court should be given approximately one year to hear the case in the first instance. Does this end the dispute? Not necessarily. A party dissatisfied with the decision may appeal to the court of second instance. In such a case, the decision of the court of first instance is invalid and the case continues, usually another year or longer.