01 - Discovery
What disclosure/discovery is required in litigation?

Under Polish law, there are no disclosure or discovery procedures similar to those found in common law jurisdictions In general, each party is obliged to provide evidence that supports its claims on its own. Nevertheless, this rule is subject to exceptions.

In civil proceedings, the court may order a party to the proceedings or a third party, ex officio or upon a party's request, to present a document that constitutes proof of a fact relevant for the outcome of a case, unless that document contains classified information. The requested party may also refuse to disclose the document if it has the right to refuse to testify as a witness as to the facts covered by the requested document (i.e., by disclosing the requested document, the requested party or its relative would incur criminal responsibility, disgrace or serious and immediate damage to property, or it would result in a violation of professional secrecy). Additionally, the requested party may refuse to comply with the order if it holds a document on behalf of a third party that could object to the submission of such document due to the reasons specified above. However, a party cannot refuse to submit a document if the holder of that document or a third party is obliged to disclose it with respect to at least one of the parties, or if a document was issued in the interest of the party requesting that evidence be taken.

Under the Polish Code of Civil Procedure, the court may order to secure specific evidence either upon request before instituting proceedings or ex officio during the course of proceedings, when there is a risk that obtaining evidence may become impossible or excessively difficult, or when it is necessary to determine the current state of affairs for other reasons. The decision to secure evidence may impose an obligation to preserve or submit documents relevant for the outcome of the case.

In criminal proceedings, the general rule states that the accused is under no obligation to prove their innocence or submit evidence incriminating them. Notwithstanding the above, the court, prosecutor and, in urgent cases, the police or another authorized body may order any person to surrender any objects that may serve as evidence, including documents. Additionally, a public prosecutor, the police or another authority may conduct a search and seize the documents found during the search if they are relevant.