KKO 329/2004
AI generated
Supreme Court dismisses appeal regarding failure to submit case file to lower court in civil proceedings.
Legislator summary
AI generatedThe Supreme Court dismissed the appeal lodged by the defendant against the district court's refusal to submit the case file to the court of first instance. The defendant argued that the procedural delay violated their right to a fair trial, while the court noted the lower court's compliance with statutory timelines. The court ruled that the procedural defect was minor and did not justify overturning the lower court's decision.
Legislator headnote
AI generatedLain 737/1994 10 §; Lain 737/1994 11 §: The court of first instance must submit the case file to the court of appeal within the prescribed time limit, and a minor delay does not automatically constitute a ground for dismissing the appeal.
Keywords
AI generated
civil procedure
case file submission
court of first instance
procedural delay
appeal dismissal
statutory timeline
fair trial rights
Cited Legislation
AI generatedLain 737/1994 10 §
Lain 737/1994 11 §
Full text
Kysymys pääkäsittelyn toimittamisesta hovioikeudessa riita-asiassa.