Right to the General Court

Home » The art of the process » Art of Litigation » Right to the General Court

In the US, a lawyer may:
(a) meet a witness before a hearing,
(b) show him documents and question,
(c) even suggest to the witness what words will be better to testify. If the lawyer does not question the witness, this may be considered a lack of due diligence.

In the UK, the division into solicitors (preparing the case) and barristers (appear in court) is important. In the UK, solicitors prepare written witness statements and can meet with a witness. According to the
guidelines, however, the written testimony of the witness should be redacted as far as possible in the words of the witness himself. However, you cannot: (a) talk to a witness about the evidence (b) to suggest to the witness how to testify and what words to use.

As far as barristers are concerned, there are rules prohibiting them from meeting a witness, talking to a witness about evidence or the content of their testimony.

What model is used in Poland: the American and British models are practiced. There are not many regulations, guidelines or case law.

KPC was close to the German ZPO. Today, it is a patch work of conflicting rules: half are derived from the old system, and half are like a strictly adversarial model, but without disclosure. The result: in practice, the regulations of the PCC deprive the right to a court (a fair trial).

Also check
other threads in this category

Staroń & Partners sp. k.
ul. Marszałkowska 111
00-102 Warszawa

e-mail: office@staronpartners.com
phone: +48 601 453 000

Staroń & Partners - radca prawny Piotr Staroń
Przewiń na górę