Preparatory hearing as a consensual form of termination of civil procedure

Abstract

While interpreting the provisions on the analysed hearing a fundamental question occurs. Are the solutions implemented by the legislator an adequate response to current practises and whether they will be actually applied by courts. Provisions concerning preparatory hearing (Articles 2054 to 2058 of the Civil Procedure Code) indicate many positive aspects connected with fulfilling regulation aiming at expediting the procedure and preventing its excessive length. However, the analysed provisions have significant defects, which may relevantly affect their implementation. Ultimately, it is worth considering that based on the objectives of the legislator, the implementation of institution in question should be generally mandatory (vide Article 2054 § 1 of the Civil Procedure Code). In justified cases a preparatory hearing may not be called (cf. Article 205 4 § 3 of the Civil Procedure Code). As a consequence, this solutions raises significant doubts whether (taking into consideration Polish judicial reality) the institution of preparatory hearing shall, as a result, become a dead one.