Defendant’s rights in Polish civil procedure
Publication date: December 01, 2025
The defendant, as a party in Polish civil proceedings, is a subject of rights and obligations. Their role in achieving the goal of each proceedings — the issuance of a just judgment that concludes the case—is indispensable. As the subject of the lawsuit, they respond to the opposing party’s arguments, thus assisting the court in fulfilling its task of fairly resolving the dispute. The defendant offers the justice system their perspective, which is essential because the justice system’s clear duty is to hear both sides; otherwise, it would be impossible to speak of a fair trial in which citizens have the opportunity and right to defend their rights and interests. Far from being a passive recipient of allegations, they are an active participant in the process, influencing the shape and course of the entire procedure and its outcome through the exercise of their rights. It should also be noted that the defendant’s overall rights and obligations constitute the principle of equality of parties in civil proceedings, which precludes denying one party access to necessary legal tools, for example, by excluding the possibility of appointing a legal representative or the ability to submit evidentiary motions. These rights extend beyond court proceedings and also include the use of amicable dispute resolution methods, such as mediation. Mediation naturally serves to avoid lengthy and costly litigation by reaching a settlement that is at least partially satisfactory to both parties. However, court proceedings, similarly, cannot limit the rights of one party at the expense of the other. The purpose of this study is to review the defendant’s rights in both arbitration and pre-trial proceedings, as well as in selected areas of court proceedings (hearings).
