Zarządzenie asystenta sędziego w świetle nowelizacji postępowania cywilnego

Abstract

This article deals with the institution of the order of a judicial assistant (judicial clerk). This is a new institution introduced into the civil procedure (Article 472 of the Code of Civil Procedure) by the Act of 30 August 2019 Amending the Act – Bankruptcy Law and Certain Other Acts. The amendment entered into force on 8 October 2019. Until then, the judicial assistants had only provided assistance to judges, they were invisible to parties to the proceedings, they did not prepare any orders on their own, only their drafts. As a result of the amendment, a judicial assistant is able to issue orders (with the exception of orders to return the pleadings). Along with the institution of the order of a judicial assistant, an appellate measure has been introduced: an objection against the order. The characteristic feature of the order of a judicial assistant is that it can be altered by the presiding judge at any time. The analysed institution has the potential to increase the efficiency of civil proceedings and the comfort of judges’ work. However, it is difficult to assess the practical consequences of its introduction.