Formal requirements in civil court procedures – developing practice
Due to the latest resolutions of courts of appeal the strictly formal approach of first instance courts in civil law cases is changing. As it is known, first instance courts rejected an unprecedented number of statements of claim submitted by attorneys referring to formal non-compliance after entry into force of the new Civil Procedure Act.
In many cases, however, the strict formal requirements being served as reasons for dismissals were not well based under the new Civil Procedure Act, thus courts of appeal rescinded the decisions.
Hopefully, the court practice is heading towards simplicity and the overly formal approach – that were sometimes in conflict not only the aim of the Civil Procedure Act, but also with the actual rules – will disappear soon from the practice.