1. Proxy for service in the country.

First of all, you should notify the Polish court (if you do not know yet) that you live abroad and provide the address for delivery of all correspondence from the court in Poland. To this end, the so-called the representative for service can be anyone (not only a lawyer, but also someone from the family, a friend or some other person). If this is not done, the court will no longer send letters abroad, but will simply leave a copy to send - it could be

Legal basis:


Code of Criminal Procedure:

Art. 138.

A party, as well as a person who is not a party whose rights have been violated, not staying in a country or in another Member State of the European Union, is required to indicate the addressee for service in a country or in another Member State of the European Union; in the event of failure to do so, a letter sent to a last known address in a country or in another Member State of the European Union or, if this address is not available, attached to the file of the case shall be considered served.


Code of Civil Procedure

Art. 11355. [Proxy for service]

§ 1. A party who has no place of residence or habitual residence or registered office in the Republic of Poland or in another Member State of the European Union, if he has not appointed a representative to conduct the case residing in the Republic of Poland, shall be obliged to indicate the representative for service in the Republic of Poland.

§ 2. In the event of failure to indicate the representative for service, the court documents intended for this party shall be left in the case files with the effect of service. The site should be instructed on the first delivery. The party should also be informed about the possibility of submitting a response to the letter initiating the proceedings and explanations in writing, and about who may be appointed as a representative.


Code of Administrative Procedure

Art. 40.

(...)

§ 4. A party who has no place of residence or habitual residence or registered office in the Republic of Poland, another Member State of the European Union, the Swiss Confederation or a member of the European Free Trade Agreement (EFTA) - a party to the agreement on the European Economic Area, if he has not appointed a representative to conduct a case residing in the Republic of Poland and does not act through the consul of the Republic of Poland, is obliged to indicate in the Republic of Poland a representative for service, unless delivery is by means of electronic communication.

§ 5. In the event of failure to indicate the representative for service, letters intended for this party shall be left in the case file with the effect of service. The site should be instructed on the first delivery. The party should also be informed about the possibility of submitting a response to the letter initiating the proceedings and explanations in writing, and about who may be appointed as a representative.


Law on proceedings before administrative courts

Art. 299.

§ 1. A party who is domiciled, habitually resident or based in a Member State of the European Union other than the Republic of Poland, the Swiss Confederation or a Member State of the European Free Trade Agreement (EFTA) - party to the agreement on the European Economic Area and has not appointed a representative to handling a case domiciled in the Republic of Poland, the court shall serve the letters by registered mail with acknowledgment of receipt or equivalent.

§ 2. If a party is not domiciled or habitually resident or has its registered office in the Republic of Poland or another Member State of the European Union, the Swiss Confederation or a member of the European Free Trade Agreement (EFTA) - a party to the agreement on the European Economic Area and has not appointed a representative to conduct in the case of a person residing or having its registered office in the Republic of Poland, he shall, together with a complaint, appoint a representative for service of his resident or registered office in the Republic of Poland.

§ 3. In the event of failure to comply with the obligation referred to in § 2, the court shall request the party to supplement this deficiency within two months of the day on which the summons was served on pain of rejecting the complaint. The delivery method referred to in § 1 shall apply accordingly to the summons.

§ 4. If the complaint indicates that the participant in the proceedings is not domiciled or habitually resident or based in the Republic of Poland or another Member State of the European Union, the Swiss Confederation or a member of the European Free Trade Agreement (EFTA) - party to the agreement on the European Economic Area , court, delivery

A copy of the complaint shall notify him of the obligation to appoint a representative for service of his resident or registered office in the Republic of Poland, within two months of the date of delivery of the notification. In the event of failure to comply with this obligation, letters in court proceedings shall be left on the case file with the effect of service.

§ 5. The provision of § 4 shall apply accordingly to a participant in the proceedings referred to in art. 33 § 2.

§ 6. The provisions of § 1-5 shall not apply if:

  1. an international agreement to which the Republic of Poland is a party provides otherwise;
  2. delivery takes place by means of electronic communication.

2. Proxy to conduct the case


Living abroad can make it very difficult to conduct the process remotely. That is why it is worth considering appointing a representative to conduct the case, and not only for service. It is best if the attorney is a professional lawyer (e.g. a lawyer), but in simpler cases civil can also be someone from the family. Using the services of an attorney allows for ongoing monitoring of the state of the case, quick response to procedural incidents, representation at court hearings, etc.

Legal basis


Code of Criminal Procedure

Art. 82.

Only a person authorized to defend according to the provisions on the structure of the bar or the act on legal advisers can be a defender.

Code of Civil Procedure

Art. 87.

§ 1. An attorney may be an advocate or legal adviser, in matters of industrial property also a patent attorney, and in matters of restructuring and bankruptcy also a person holding a license of a restructuring advisor, as well as a person managing the property or interests of a party and a person with a party in a permanent relationship with the order, if the subject matter of the case falls within the scope of this order, the co-participant in the dispute, as well as the spouse, siblings, descendants or ascendants of the parties and persons remaining with the party in relation to adoption.


Code of Administrative Procedure

Art. 33.

§ 1. A party's representative may be a natural person with legal capacity.


Law on proceedings before administrative courts

Art. 35.

§ 1. The party's representative may be an advocate or legal adviser, and in addition another applicant or participant in the proceedings, as well as the spouse, siblings, ascendants or descendants of the parties and persons remaining with the party in relation to adoption, as well as other persons, if specific provisions so provide.


3. Possibility of interviewing abroad.


If there are problems in appearing before a Polish court in person, you can take advantage of the hearing before the Polish consul abroad (however, this applies only to Polish citizens). To this end, an appropriate application must be submitted to the court justified, for example, by high travel costs, medical condition or professional reasons.

Foreigners (as well as Polish citizens) may be questioned before courts in other countries at the request of Polish courts through the so-called legal assistance. It is enough to submit an appropriate application to the Polish court.

Legal basis


Act of 13 February 1984 on the functions of consuls of the Republic of Poland

ACT of 25 June 2015. Consular law

Art. 26. [Service of letters in proceedings, hearing of parties and witnesses]

  1. At the request of a public administration body in the Republic of Poland, court or prosecutor consul:
    1. delivers letters and other documents;
    2. hear parties, participants of proceedings, witnesses and suspects;
    3. forward applications for legal assistance to courts and other authorities of the receiving State.
  2. The activities listed in para. 1 point 1 and 2 consul performs, applying the relevant provisions of Polish law, if the recipient of a letter or other document or the person to be questioned is a Polish citizen and agrees to voluntarily accept a letter or other document or submit a testimony or explanation.

Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, done at The Hague on March 18, 1970

- Article 1

In civil or commercial matters the court of one Contracting State may request in the application for the taking of evidence, in accordance with the provisions of its own law, the competent authority of another Contracting State to take evidence or perform other judicial activities.


Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters