Publication date: June 23, 2025
In court practice, we increasingly encounter situations in which parties present so-called private opinions – studies / memoranda / reviews / analyses prepared by specialists in a given field, but who are not court experts appointed in a specific case. This phenomenon has become particularly important in technically complex cases, e.g. in the field of construction, medicine, IT, accounting or real estate valuation.
Although they are not evidence within the meaning of the provisions of the Code of Civil Procedure, their role in civil proceedings is significant and multi-faceted.
The fundamental question that arises in the context of private opinions is: whether and to what extent the court can rely on such a document submitted by the party, whether such an opinion can affect the outcome of the proceedings, since it is not evidence from an expert opinion within the meaning of Article 278 § 1 of the Polish Code of Civil Procedure.
According to Article 245 of the Polish Code of Civil Procedure, a private document constitutes evidence that the person who signed it made the declaration contained therein. However, it does not constitute evidence of the truthfulness of the content contained in such a document. Therefore, the court, when assessing such an opinion, does not treat it as an independent expert opinion, but as part of the position of the party that uses it.
Only the opinion of an expert appointed by the court pursuant to Article 278 § 1 of the Polish Code of Civil Procedure is the so-called “expert opinion evidence”. In this situation, the party cannot demand that a private opinion be taken into account as an independent means of evidence with decisive force.
In its judgment of 20 November 2014 (ref. I ACa 1533/14), the Court of Appeal in Kraków clearly stated that private medical opinions do not constitute expert evidence, but only arguments of the party based on special knowledge. The court pointed out that, in accordance with Article 278 § 1 and Article 290 § 1 of the Polish Code of Civil Procedure, proving circumstances requiring special knowledge is possible only with the help of opinions of court experts or scientific institutes.
Functions of private opinions in civil proceedings
Justification of the party’s position
A private opinion can be an important element in justifying a party’s procedural position – especially in cases where the assessment of facts requires expert knowledge. The party that presents such an opinion seeks to demonstrate that its claims are based on specialist knowledge, not just a subjective interpretation of events.
For example, in a case for compensation for medical errors, the plaintiff attaches an opinion from a medical specialist who analyzes the hospital’s procedure and shows deviations from current medical standards. Although the court does not treat this opinion as evidence within the meaning of the regulations, it may constitute a basis for considering the appointment of a court expert.
Means of probability
According to Article 243 of the Polish Code of Civil Procedure, in proceedings for security measures, measures are admissible to substantiate the claim. A private opinion can play a very practical role here – for example, by demonstrating that the demand for payment has an economic justification (e.g. a private valuation of real estate, analyzing the decrease in value).
A tool for challenging the opinion of a court expert
This is one of the most important roles of private opinions. A party that does not agree with the opinion of an expert appointed by the court may file a counter-opinion and attach it to the file. If it is well-founded and indicates substantive deficiencies, the court may, among other things, order a supplementary opinion, appoint another expert, assess the court opinion as useless (Article 233 § 1 of the Polish Code of Civil Procedure).
Jurisprudence: private opinions and evaluation of evidence.
The case law of common courts and the Supreme Court has consistently held that private opinions may be used in civil proceedings.
Examples of court decisions related to the role of opinions and their assessment by the court in civil proceedings:
In a case concerning the refusal to pay a lump-sum compensation after the death of an employee, the Supreme Court recalled that although the adjudicating court has the right to freely evaluate evidence, such evaluation must be within the framework set by logic, principles of life experience and applicable provisions of civil procedure. The key element of the proceedings were: expert opinions in the field of neurology, neurosurgery and cardiology, which indicated that the woman’s death was not the result of an external factor related to work, but an independent effect of a ruptured brain aneurysm. Although the experts admitted that stress and fatigue could have influenced the course of the disease, they could not consider them to be the causative cause of death. Their position was based on medical knowledge and standards of forensic medical practice.
The complainant tried to challenge this assessment, accusing the court of violating Article 233 § 1 of the Polish Code of Civil Procedure – i.e. improper evaluation of the evidence. The Supreme Court did not agree with this argument, emphasizing that the court had not only correctly interpreted the expert opinions, but had also made a logical connection between them and the remaining evidence. It was indicated that if the court relies on a coherent, professional and convincing expert opinion, it cannot be accused of arbitrary or unreliable assessment of the evidence.
Summary
A private opinion, although it does not have the probative value of a full-fledged expert opinion, plays a key role in civil proceedings, performing functions that support the party’s position and are auxiliary in the court process. Although it does not have the nature of evidence within the meaning of the provisions of the Polish Code of Civil Procedure, its practical significance cannot be ignored. Although private opinions do not have the same probative value as expert opinions, their importance in the substantive context and their role in civil proceedings are undeniable, especially in cases requiring technical knowledge. In addition, their presentation by a party to the proceedings may constitute a statement aimed at enriching the argumentation, which in turn affects the overall assessment of the case by the court. In this context, a private opinion may help to resolve the case by providing important information that helps the court assess the facts and determine the actual state of affairs.