Pretrial as a Part of Judicial Case Management in Poland in Comparative Perspective

Bartosz Karolczyk

DOI: http://dx.doi.org/10.12775/CLR.2013.009

Abstract


In his comparative study, Bartosz Karolczyk focuses on the analysis of procedural provisions pertaining to the preparation of trial. This stage in the proceedings, following its common law origin, is often called pretrial. The goal of this preparatory stage is to increase both the transparency and efficiency (reduce cost, increase accuracy of decisions) of civil litigation.
The author extensively discusses Polish law (in the light of the 2012 amendments), German law and American (federal law). Some references are also made to Norwegian law and Lithuanian law. The purpose of the analysis is to synthesize existing trends and the essential elements of effective pretrial regulations. This requires reconstruction of the sequence of procedural actions taken by the court and the parties, as well as the relationship between them and the actors.
In conclusion, the author recaps his findings. In addition, by putting forth three theses he identifies the main challenges to the evolution of Polish procedure in accordance with European trends. He concludes with specific recommendations for the Polish legislator.

Keywords


Polish civil procedure; German civil procedure; Norwegian civil procedure; American civil procedure; judicial case management; pretrial; active judge; duty to support the proceedings; party cooperation with the judge; efficiency

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