Closed Hearings and Online Hearings - Rules for the Pandemic Period

Courts have largely suspended their activities in the wake of the COVID-19 epidemic. It was therefore necessary to implement appropriate provisions that would enable the proper functioning of courts and conduct proceedings in a manner ensuring the safety of both participants in the proceedings, the adjudicating panel and court employees. The answer to the above demand is to be provisions introducing the possibility of conducting an online hearing and new rules for closed sessions.

Remote hearing in civil proceedings

During the period of the state of epidemic threat or the state of epidemic announced due to COVID-19 and within one year from the appeal of the last of them, in cases considered pursuant to the provisions of the Act - Code of Civil Procedure, a hearing or a public hearing is carried out using technical devices that enable them to be conducted remotely with simultaneous direct transmission of image and sound, except that the persons participating in them do not have to be in the court building, unless holding a hearing or a public hearing without the use of the above devices does not cause excessive health risk to the participants.

During a pandemic, the rule is to conduct remote hearings, and the exception is the traditional hearing, which is allowed only if the personal presence in court will not pose a threat.

If, due to special circumstances, the president of the court so orders, members of the panel, with the exception of the chairman and the case speaker, may participate in the meeting by electronic means of communication, except for the meeting at which the hearing is closed. During a pandemic and for one year after the pandemic is canceled, the rule is to conduct a hearing remotely.

Closed session - new possibilities

During the epidemic, the chairman may order a closed session if he considers the case necessary, while the conduct of a hearing or a public hearing required by law could pose an excessive threat to the health of the participants and cannot be carried out remotely with the simultaneous direct transmission of image and sound. , and neither of the parties objected to the holding of a closed session within 7 days from the date of delivery of the notification of the case being sent to a closed session. In the notification sent, the party not replaced by an attorney, legal advisor, patent attorney or the Attorney General of the Republic of Poland should be instructed about the right and time limit to file an objection.

Moreover, if in the case examined pursuant to the provisions of the Code of Civil Procedure, the evidentiary proceedings have been conducted in full, the court may close the hearing and issue a ruling in closed session after receiving written positions from the parties or participants in the proceedings. If the hearing cannot be conducted remotely, the court may refer the case to a closed session. Either party may object to such action within 7 days.

Closed hearing - appeal proceedings

If, in a case considered pursuant to the provisions of the Code of Civil Procedure, in which the appeal was lodged before November 7, 2019, the court of second instance decides that conducting a hearing is not necessary, it may refer the case to a closed session, unless the party requests that a hearing be held or taking evidence from the testimony of witnesses or the questioning of the parties that cannot be omitted. However, the court must recognize the case in closed session in the event of withdrawal of the statement of claim, withdrawal of the appeal or if the proceedings are invalid.

The request for a hearing shall be submitted within 7 days from the date of delivery of the notification on the referral of the case to a closed session. In the notification sent, the party not replaced by an attorney, legal advisor, patent attorney or the General Prosecutor's Office of the Republic of Poland should be instructed about the right and time limit for submitting the application.

Closed hearing - administrative courts

During the period of the epidemic threat or the state of epidemic announced due to COVID-19 and within one year of the appeal of the last of them in cases where the party lodging the cassation appeal has not renounced the hearing or another party has requested a hearing, the Supreme Administrative Court may recognize the complaint cassation at a closed session, if all parties agree to it within 14 days from the date of delivery of the notice of intention to refer the case to a closed session. At a closed session in these cases, the Supreme Administrative Court adjudicates in a panel of three judges.

Online trial - administrative courts

During the period of the state of epidemic threat or the state of epidemic announced due to COVID-19 and within one year of the appeal of the last of them, voivodship administrative courts and the Supreme Administrative Court conduct a hearing with the use of technical devices enabling it to be conducted remotely with simultaneous direct transmission of image and sound, except that the persons participating in it do not have to be in the court building, unless holding a hearing without the use of the above-mentioned devices does not pose an excessive threat to the health of the participants.

As in the case of civil proceedings, also in this case remote hearing is the rule, the exception being the classic court hearing.

The presiding judge may order a closed session, if he deems the examination of the case necessary, and the conduct of a hearing required by law could pose an excessive threat to the health of the persons participating in it and cannot be conducted at a distance with the simultaneous direct transmission of video and audio. At a closed session in these cases, the court adjudicates in a panel of three judges.

Closed hearing and online hearings - the application of the new rules in criminal proceedings

The epidemic-related changes were also introduced in the criminal proceedings. Pursuant to the new wording of the Code of Criminal Procedure, the presiding judge may exempt from the obligation to appear at the hearing an accused, an auxiliary prosecutor or a private prosecutor who are deprived of liberty, if the participation of these parties in the hearing is ensured by means of technical devices enabling participation in a hearing at a distance with direct transmission of image and sound. In such a case, a court referendary or an assistant to a judge, employed in the court in whose district the party resides, takes part in the hearing.

The defense counsel participates in the hearing carried out in the above manner in the place where the accused is, unless he appears in court for this purpose.