Can sending a procedural document to the court’s email address have procedural effect? And if the message reaches the court’s email inbox – can its validity depend on whether a court employee prints it out?
These are the questions the Supreme Court is set to address. The Regional Court in Poznań has referred the matter to the Supreme Court in connection with a case in which a request for the grounds of a judgment to be drawn up was sent by email.
The problem is not merely technical. It concerns a fundamental issue – the moment and manner in which a procedural act is effectively carried out. In practice, this may have a direct bearing on compliance with procedural time limits and the possibility of further appealing against the ruling.
As Tomasz Ludwik Krawczyk, PhD, points out, a clear ruling is needed on whether communication with the court via ordinary email can be regarded as the effective filing of a procedural document and, above all, whether the validity of a procedural act may depend on the actions of a court employee.
What does current practice reveal on this matter, and what consequences might the Supreme Court’s position have? Read more in the article in ‘Dziennik Gazeta Prawna’: LINK
