Initiating proceedings in a civil case using AI? - selected comments regarding polish civil procedure
| Autor | Aleksandra Partyk |
| Páginas | 661-669 |
— 661 —
initiatinG ProceedinGs in a civil case UsinG ai?
- selected comments reGardinG Polish civil
ProcedUre
al e k s a n d r a Pa r t y k 1
Abstract: The development of modern technologies and the growing importance of artificial
intelligence in the world justify posing questions on whether and to what extent it would be possible to
improve the Polish civil process through AI. Could machine systems, in particular, control the formal
conditions of a lawsuit/application, and thus contribute to initiating the proceeding in civil cases? Could
issuing of orders on this subject be “resting on the shoulders” of the machine systems? An analysis of the
pleading or application in terms of existence of formal conditions requires the verification of a number of
issues, in particular whether the party (its proxy) has properly prepared the claim (application) initiating
the court proceedings. The Polish Code of Civil Procedure contains detailed regulations concerning formal
requirements regarding complaints. If the party (its representative) prepares the statement of claim properly,
the statement of claim (motion) may be proceeded. Otherwise, it is necessary to order the party to correct
the formal deficiencies. However, if the author of the document affected by the formal deficiencies is
a professional representative of the claimant, the complaint shall be returned without the procedure of
ordering the party to correct it. The presiding judge, who analyses the content of a pleading, must verify,
in particular, whether it has been formulated in a clear and comprehensible manner, whether the party has
attached an appropriate number of copies to the pleading, whether it has been signed and, moreover, whether
the value of the matter at issue (in property claims) has been given and properly established. Undoubtedly
such activities, with a huge number of cases sent to the court, are time-consuming. In my presentation I
would like to answer the question whether this kind of formal scanning of complaints could be carried out
not by people, but by artificial intelligence, and what’s more, I would like to draw attention to possible
problems connected with the use of artificial intelligence in proceeding a civil case. The key question is
whether the formal analysis of the claim (application) by the machine system meets the standards set by the
constitutional and conventional right to a court.
Keywords: artificial intelligence; civil trial; right to court; formal conditions of a complaint; return
of a pleading
1 Andrzej Frycz Modrzewski Krakow University, Poland. E-mail: apartyk@afm.edu.pl
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