The article discusses the issue of the dismissal of an obstructive evidentiary motion that is aimed at lengthening of proceedings (Article 170 § 1(5) CPC). The author analyses the scope of this circumstance and its relation to other grounds for refusal to accept an evidentiary motion. Other considerations focus on the procedure concerning an obstructive evidentiary motion, in particular the issue of appropriate substantiation of a procedural decision. The author also discusses general issues of misusing procedural rights directly related to the main topic.