Evidence proceeding is the most important phase of any litigation, as its correct execution results in accurate judgment. Those proceedings might result in using evidence of doubtful origin (illegal evidence). Both Polish doctrine of law and the history of judicial decisions have different stances on the use of illegally obtained evidence in civil proceedings, varying from absolute prohibition to relative possibility of using such evidence. Analysis of current legislation – the Code of Civil Procedure and the Constitution – leads to the conclusion, that the correct position is the one allowing relative possibility of using illegal evidence. In that case, a person, recording a conversation that he or she also participates in, does not act against the law, although such action might be considered as morally ambiguous.