Poland
A losing party may appeal against a judgment of the court of first instance to the court of second instance. The appellant must demand a written justification for the judgment and has two weeks from its receipt to file an appeal (or three weeks in certain circumstances). It is necessary to file the appeal via the first instance court. The respondent has to file a response within two weeks of the delivery of the appeal. In general, the appeal suspends the effects of the appealed judgment. In the second instance, the court rules on the merits and reconsiders the whole case. New evidence may be admitted or rejected by the court if the party could have raised it in the first instance.
There is no specific time limit for the court of first instance to pass on the case files to the court of second instance. The only direction contained in the CPC is that the court of first instance must “promptly” send on the case files to the court of second instance. The duration of proceedings before the court of second instance varies, depending on the court’s workload. Second instance proceedings may last, on average, between six months and two years.
The Polish legal system also provides for an extraordinary review of the judgments of second instance courts (i.e. a cassation appeal to the Supreme Court) which must be brought no later than two months after the delivery of the judgment along with a written justification by the second instance court. A cassation appeal will be accepted and processed if:
- the case presents a significant legal issue or an issue that causes discrepancies between court judgments;
- a cassation appeal is manifestly justified; or
- the earlier court proceedings were invalid.
A cassation appeal cannot be based on erroneous interpretations of facts/evaluation of evidence. Strictly, it concerns the legal merits of the case only. The case may be reconsidered partly or completely depending on how the legal issue in question affects the outcome of the case.
The cassation proceedings may take between nine and 12 months before the Supreme Court decides on the merits of the case. However, the timing and duration of the proceedings depend on the court’s workload and the complexity of the case. According to the CPC, the Supreme Court is not limited by any deadline in deciding the case.
In cases before the Supreme Court, only an attorney who is admitted to the Polish bar (an advocate or an attorney-at-law) is permitted to write the appeal and represent a party during the hearings.