(Exclusion of a Court Referendary on his Request or on the Basis of a Party's Motion (referendarius suspectus)

Abstract

The paper aims at providing analysis of the foundations and the procedure of exclusion of a court referendary based either on his or her request, or on a motion submitted by a party, as provided by Article 49 in relation with Article 54 of the Code of Civil Procedure, amended by the Act of 16 September 2011. The analysis underlines that the amendment introduced an explicit regulation on the exclusion of a court referendary and determined that the exclusion is decided in the same way as in the case of an exclusion of a judge or a juror. However, none of the introduced amendments includes the issue of challenging a decision dismissing the motion for the exclusion of a court referendary. Therefore, the author postulates for an explicit regulation of the issue, by means of including the court referendary in the regulation of Article 394 1 § 10 of the Code of Civil Procedure and Article 11 § 1 of the Act on Court Fees in Civil Cases.