Legislator Case Law & Legislation
KKO 329/2004 AI generated

Supreme Court dismisses appeal regarding failure to submit case file to lower court in civil proceedings.

Case Number KKO 329/2004
Court / Authority
Jurisdiction Finland (FI)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Lain 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 generated
Lain 737/1994 10 §
Lain 737/1994 11 §

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Full text

Kysymys pääkäsittelyn toimittamisesta hovioikeudessa riita-asiassa.