I note that my previous The post on how to behave in court met with great approval from the public. At the time, I already reported that this topic was very broad and that many issues could be raised within it. These may be valuable for those facing their first proceedings before the judiciary. Following on from this, I have decided to clarify a few other very important issues that are worth bearing in mind at the time. Today, we will explain what happens if you do not appear on the indicated date at the hearing, how to excuse your possible absence and what the hearing is like at the hearing.
I invite you to read!
The previous post, in which I explained, among other things, the rules for corresponding with a party who lives abroad, what a hearing looks like and how to address the court, can be found here: How to behave in court? The most important rights and obligations of the parties.
I know I will be absent from the hearing - what then?
The non-appearance of the parties at the hearing does not, in principle, prevent the case from being heard. Remember also that your interests may always be represented by an attorney. If, for various reasons, you are unable to attend, you will have to justify your absence to the court in an appropriate manner. To do this, you need to address a letter to him or her stating the reason - of course, it should be appropriate to the circumstances. For example, if you are unable to attend a hearing due to illness, it is mandatory to enclose a medical certificate confirming this. It is important to submit it in good time, i.e. before the date of the hearing.
How do you behave in court? What if the court finds out that you lied about the reason for your absence from the hearing?
The court may fine a party if it has relied in bad faith on untrue circumstances that have resulted in a adjournment of the hearing. This is particularly the case in matrimonial, family and guardianship cases, the resolution of which depends, for example, on the hearing of the parties.
How else can you justify your absence?
I know that unforeseen situations happen in life that you might find it difficult to explain effectively to the court. If you are unable to attend the hearing for just such a reason, remember that either party may, in a pleading, request that the hearing be held in their absence. However, in the event that your presence at the hearing becomes necessary, the presiding judge will be able to order that you be summoned to appear in person. This is, however, some kind of solution.
Hearings during a pandemic
During a state of epidemic emergency or a state of epidemic declared due to COVID-19, the excuse of non-appearance before the court due to illness does not require the presentation of a certificate from the court physician.
However, let us remember that the regulations in this area are changing quite dynamically. As of 16 May 2022, a state of epidemic has been revoked in Poland, while a state of epidemic emergency has been introduced. If you intend to excuse your absence from the hearing due to illness, I recommend that you familiarise yourself with the current regulations in this respect so that you do not expose yourself to unnecessary problems.
What are the hearings like during the trial?
A hearing is a certain type of evidence that aims to obtain as much reliable and credible information about a case as possible. It usually takes place when the available means of evidence have been exhausted or, in the absence of such means, facts relevant to the outcome of the case remain unexplained. The exceptions to this are divorce and separation cases, where the court always orders the taking of evidence from the hearing of the parties.
In business cases involving legal persons, the persons who are part of the body authorised to represent it shall be heard. If there are several of them, the court shall decide on its own whether to hear all or some of these persons.
How do you behave in court when you are called as a witness?
In addition to witnesses, parties to the proceedings or expert witnesses may also be heard at the hearing. The latter are rather used to appearances of this nature, as it is part of their job. Therefore, I will briefly explain what the examination of a witness looks like.
- At the beginning of the hearing, the court checks the identity of witnesses using identity cards and then asks them to leave the courtroom.
- When summoning a particular person to the courtroom, the court asks the witness to take an appropriate seat.
- The court then asks the witness some basic questions: about residence, age or profession. It advises them of their criminal liability for giving false testimony and of their right to refuse to testify.
- Then comes the actual questioning. The witness is first asked to speak freely about the circumstances of the case for which he or she has been summoned.
- After this phase comes the time for questions from the court, the parties and the experts, if they attend the hearing.
How to behave in court? Hearings and failing to appear at a hearing. Summary
Hearings and having to justify your absence from court are not pleasant activities. I am absolutely not surprised by my clients stressing about these types of circumstances in which they find themselves. However, I hope that a greater awareness of your rights and obligations in this respect will help you to get through the entire proceedings with ease and not expose you to the unpleasant consequences of ignorance of the rules.
