EXPERT EVIDENCE IN SIMPLIFIED PROCEEDINGS WITH PARTICULAR EMPHASIS ON THE AMENDMENT TO THE CODE OF CIVIL PROCEDURE INTRODUCED BY THE ACT OF 4 JULY 2019
DOI:
https://doi.org/10.15584/actaires.2021.1.11Keywords:
expert, expert evidence, simplified proceedings, Code of Civil Procedure, amendmentAbstract
The text presents the issue related to the expert evidence in simplified proceedings. It takes into account the latest amendment to the Code of Civil Procedure introduced by the Act of 4 July 2019 amending the Code of Civil Procedure and certain other acts. Pursuant to the above Act, it was allowed to appoint experts in simplified proceedings by rewording article 505 7 of the Code of Civil Procedure. There are three paragraphs in it, each of which concerns various issues related to obtaining an expert opinion or, with reference to § 1 and § 2, with the resignation from seeking such an opinion. The author analyzes the introduced regulation, referring to the advantages and disadvantages of new solutions. The article also refers to the views expressed in the literature and judicature regarding the discussed issues.