Written witness testimony in light of the principle of immediacy and the principle of free appraisal of evidence in civil proceedings

Abstract

The article presents the possibility of submitting written witness statements that was extended by the amendment to the Polish Code of Civil Procedure in 2019. This possibility is confronted with the principle of immediacy and principle of free appraisal of evidence which govern civil proceedings. This type of testimony differs significantly from the traditional oral form testimony in that the court does not interact directly with the witness, leading to differences in the amount and type of information obtained in the process. The article analyzes the nature of the appraisal of evidence resulting from a different form of witness testimony. Premises for the admissibility of the use by the court of the written form of witness’s statement by the court in order not to violate the principles of civil procedure and the rights of the parties are then proposed.