Articles

Vol. 133 (2023)

Electronic evidence in civil procedure

Katarzyna Wręczycka

Pages: 193-206

PDF (Język Polski)

Abstract

The article analyzes the issues associated to submitting documents drawn up in digital form in civil judicial procedure that have occurred in jurisdictional practice. Recent regulations contained in the Code of Civil Procedure and Civil Code introduced a new definition of a document which does not require written form and the author’s signature. Special attention was given to consumer credit contracts where the transactions between the contracting parties are carried out remotely and verification of a person’s identity is required in order to prove that the contract was concluded, as well as to the burden of proof. Certain issues concerning the method of presentation digital documents during legal proceedings lead to the conclusion that some of the provisions should be amended to the Code of Civil Procedure.