Electronic Evidence in Civil Proceedings on the Background of Comparative Law

Abstract

Constant technological development changes all aspects of human life. The digital revolution has created many new opportunities for obtaining and presenting evidence, irretrievably changing the taking of evidence. As a result of increasing computerization, the civil process has become more streamlined – its speed and quality have improved. The role of modern technologies is manifested, among others, by the possibility of taking evidence proceedings with the use of devices transmitting images and sounds or the possibility of using data and information recorded in electronic form in court. The consequence is the presence of electronic evidence. In Polish legal literature, the issue of electronic evidence has been taken up for the purposes of criminal trial and forensics. However, there have not been many studies in the field of civil proceedings, despite the fact that the evidence in question is deeply rooted in civil cases and has long been used in evidence proceedings. Due to the title issue, it was necessary to formulate its definition for the purposes of civil proceedings. The author indicated the place of electronic evidence in the legal system and came to the conclusion that it would be worth considering separating them as an independent means of evidence due to the significant differences between it and other types of evidence and their complex nature. The considerations made confirm the belief that electronic evidence should be distinguished as a separate type of evidence, because their admissibility should be examined on an individual basis, and the lack of detailed regulations may create numerous practical problems.