Costs

In this case study on family law – maintenance, Member States were asked to advise the suing party on litigation costs on litigation costs in order to consider the following situations: Case A – National situation: Two persons have lived together unmarried for a number of years. They have a three year old child when they separate. A court decision grants custody of the child to the mother. The only outstanding dispute relates to the amount of the maintenance owed to the mother by the father for the support and education of the child. The mother sues on this. Case B – Transnational situation where you are a lawyer in Member State A: Two persons have lived together unmarried in a Member State (State B). They have a three year old child. They separate. A court decision in Member State B gives the child’s custody to the mother. With the agreement of the father, the mother and the child move to live in another Member State (Member State A) where they establish their residence. An outstanding dispute remains. This relates to the amount of the maintenance owed to the mother by the father for the support and education of the child. The mother sues on this in Member State A.


Costs in Poland

Case n° 3 (in 3 B- the country when the mother sues the father is Poland – in that case, the fees, expenses and conditions are the same than in case A. According to that, there is no need to fill in the table).

Costs for Court, Appeals and Alternative Dispute Resolution


Case Study

Court

Appeals

ADR

Initial court fees

Transcription fees

Other fees

Initial court fees

Transcription fees

Other fees

Is this option open for this type of case?

Costs

Case A

In the case of maintenance, the action at law is free of all costs

For each copy, copies of judgements with enforcement, copies of judgement with legal force – 6 PLN. If those documents are in a foreign language – 12 PLN per page.

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In the case of maintenance, the action at law is free of all costs

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Parties are free to opt for ADR.

If the court accepts the enforceability clause, 50 PLN



Costs for lawyer, bailiff and expert


Case Study

Lawyer

Bailiff

Expert

Is representation compulsory?

Average costs

Is representation compulsory?

Pre-judgement costs

Post-judgement costs

Is use compulsory?

Cost

Case A

No

Minimum 60 PLN

no

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No

According to the calculations of the expert



Costs for witness compensation, pledge or security and other relevant fees


Case

Study

Witness compensation

Pledge or security

Are witnesses compensated?

Cost

Does this exist and when and how is it used?

Cost

Case A

Yes

Costs of transport, lost earnings, accommodation, according to Articles 85 to 88 of the Act on Judicial Costs in Civil Cases

Yes. The value of the object of the litigation is calculated so that, if payment is made in instalments, the value is the total of the year.

 Polish law (Code of Civil Procedure) considers that maintenance is a pecuniary, periodically repeated claim:

1. if the sum of maintenance is equal to one year of payment, the whole sum is the object of litigation.

2. if the maintenance payment continues for less than one year, the whole sum is considered the object of litigation.

Depends on the value of the object of the litigation



Costs for legal aid and other reimbursement



Case

study

Legal Aid

Reimbursement

When and under what conditions is it applicable?

When is support total?

Conditions?

Can the winning party obtain reimbursement of litigation costs?

If reimbursement is not total, what is percentage in general?

What costs are never reimbursed?

Are there instances when legal aid should be reimbursed to the legal aid organisation?

Case A

A party exempted from legal costs can apply for legal aid. The court decides if the participation of a professional attorney is needed

Depends on court decision

If the costs are excessive or will cause financial hardship to the party

General rules apply, depending on the circumstances.

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Balance of costs higher than what was essential and appropriate to the case

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Costs for translation and interpretation


Case

study

Translation 

Interpretation

Other costs specific to cross-border disputes?

When and under what conditions is it necessary?

Approximate cost?

When and under what conditions is it necessary?

Approximate cost?

Description

Approximate cost?

Case A

If documents are submitted to the court in another language

According to the Minister of Justice’s  Regulations of 24 January 2005  

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Last update: 06/11/2020

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