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Delivery of pleading containing extension of a claim

On 21st January 2016 the Supreme Court issued a resolution in which it stated that a copy of the pleading containing extension of a claim lodged by a professional representative, shall not be subject to the delivery on the basis of Article 132 § 1 of the Code of Civil Procedure (direct service). Such a copy of the pleading must first be submitted to the court – then the court shall deliver a copy to the other party (III CZP 95/15).

It is the first resolution of the Supreme Court on this issue. Earlier, the Court of Appeal in Łódź held that pleading containing extension of a claim shall be subject to direct delivery (I ACa 733/14).

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