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

Generally, in Polish civil litigation the parties provide a list of the documentary evidence relied upon in their first pleading, usually the statement of claim or answer to the statement of claim. Based on the pleadings, the chairman of the court may order the parties to present additional documentary evidence. Under the Code of Civil Procedure, the chairman may also order national or local government bodies to provide evidence in their possession that a party is not otherwise able to obtain or order a third party to provide evidence in their possession. However, such orders can only be made if the evidence is material to the decision. The holder of a document may be entitled to refuse to comply with the order in certain circumstances, for instance if complying would expose them to criminal liability or a risk of severe and direct damage to property. Classified information is also exempt.