Confrontation between a witness and a party in civil proceedings

Abstract

The main focus of this paper is the admissibility of confrontation between a witness and a party in civil proceedings. The article points out that such confrontations are possible according to Article 304 sentence 2 in conjunction with Article 272 of the Polish Code of Civil Procedure and indicates the principles according to which they must be held. Premises entitling to carry out such a confrontation are: prior taking of testimony from both a witness and a party and their mutual (full or partial) contradiction. Furthermore, the optional character of this institution was also emphasized and both its advantages and the method of assessing the testimony of the confronted witness and the party were discussed.