Closed Sessions During the COVID Pandemic

Taking into account the spread of the Covid pandemic which slows down a normal functioning of all the institutions, the issue of court procedures is especially crucial. Is it obligatory to stand before the civil court at the time of COVID? What will be done in case the hearings can not be held at a distance with the use of technical facilities?

The Law from the 2d of March 2020 (modified by the Law from the 14th of May) aiming at taking measures to combat the spread of the virus sets several options to carry out the hearings without the presence of the parties in the building. The law modifies the Code on Civil Procedure in order to make it adequate to the current situation. One of these options is to take part in the hearings using technical devices that are able to transmit video and audio. However, in some cases the court might decide just to rule on the merits in a closed session basing its conclusions on the written observations presented by the parties earlier.

Article 15zzs allows a judge to carry out a closed session. There are two main reasons for such a decision. The first one is connected with a serious risk for the health of the parties which might be caused by carrying out normal proceedings in the court building. The second reason is associated with the inability to held the hearings with the use of technical facilities. However, one can take into account that it is possible to challenge the court’s decision to carry on the proceedings in a closed session. Such a challenge should be made in writing within 7 days after you receive a court notice

From our practice we can deduce that the Polish courts are eager to judge on the merits in closed sessions, if the conduct of oral hearings causes additional obstacles. However, decision on whether to carry out oral hearings or to proceed with the case in closed sessions is taken by the court depending on the circumstances of each particular case.