Poland
Under Polish law, parties are free to determine what evidence they want to rely on. All supporting material relating to the facts of a case constitutes evidence. The court has discretion to assess the credibility and weight of evidence, based on a review of the available material. The parties are obliged to present evidence in order to establish relevant facts to which they apply the law. The court may also admit evidence which has not been presented by a party (e.g. evidence introduced in an expert opinion or the deposition of a witness). In principle, however, the parties have the burden of submitting the evidence upon which they wish to rely.
Fishing expeditions are prohibited. Where a party wishes to obtain a specific document from the other party, it must submit a request to the court identifying the specific document along with the facts and circumstances which it may prove. The court may order the other party to disclose the document if it is satisfied that the document:
- exists (a party may claim that the requested document does not exist);
- is in the other party’s possession; and
- evidences a fact which is relevant to the case.
In addition, a court may order any person to produce a specific document which is (i) in their possession and (ii) evidences a fact that is relevant to the case.
The obligation to disclose a specific document may not apply if the document contains privileged or classified information.
If a party fails to produce a specific document which the court has ordered to be produced, the court will not impose a penalty on the non-disclosing party. However, during its assessment of the reliability and validity of evidence, the court will also assess the significance of a party’s refusal to present evidence (or a party’s interference with the taking of evidence). Unjustified refusal of third parties to provide a requested document(s) can lead to a penalty of up to PLN3,000 (EUR650).
Additionally, the evidence can be secured (during or prior to the start of proceedings), when there is a concern that it will become impractical or difficult to obtain it in the future, or when there is a need to record the existing state of affairs. In urgent cases (or where the adverse party cannot be identified or their residence is unknown), the evidence can be secured ex parte.