PPE 10/2023
Adwokat albo radca prawny ustanowiony przez sąd, pisma procesowe oraz doręczenia. Komentarz do art. 118, 126, 128(1), 130(1a) i 132 k.p.c. zmodyfikowanych ustawą z dnia 9 marca 2023 r.
dr hab. Ireneusz Kunicki, prof. UŁ
Katedra Postępowania Cywilnego II WPiA Uniwersytetu Łódzkiego; ORCID: 0000-0001-9824-7789
ABSTRACT
Advocate or Attorney at Law Appointed by Court, Pleadings and Service. Comment on art. 118, 126, 128(1), 130(1a) and 132 of the Code of Civil Proceedings Amended with the Act of 9 March 2023
This paper discusses consecutive regulations of the Code of Civil Proceedings modified with art. 1 of the Act of 9 March 2003. At first, amended regulations of art. 118 § 2 and 5 of the Code of Civil Proceedings have been discussed, governing the extension of the scope of court representation of a party by an advocate or attorney at law appointed by court and proper behaviour of such an advocate or attorney at law, if they find no reasons for filing a revocation complaint or a complaint for determining illegality of a valid ruling. Next, a change of art. 126 § 21 of the Code of Civil Proceedings has been discussed, which has no normative importance. Then, comments were made on the added art. 128(1) of the Code of Civil Proceedings, which details requirements for pleadings submitted by professional attorneys and by the Office of Prosecutor General. The fourth of the discussed articles (art. 130(1a) of the Code of Civil Proceedings) contains also non-normative changes that concern an entity that is to be returned a pleading (amended § 1) as well as competences of judicial clerks (revoked § 4). Finally, the amendment to art. 132 of the Code of Civil Proceedings has been discussed, which adapts terminology to the changed art. 165 § 2.
Keywords: advocate or attorney at law appointed by court, formal requirements for pleadings, serving pleadings, notice of dispatch to a professional attorney