Legislator Case Law & Legislation
III RC 12/21 AI generated

Court dismisses defendant's request for reasoned judgment copy due to missing scope specification and unpaid fee.

Case Number III RC 12/21
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The defendant requested a written reasoning for the judgment and a copy of the decision. The court found the request defective because it failed to specify whether the reasoning covered the entire judgment or only parts, and the required court fee was not paid. Consequently, the court ordered the defendant to correct these formal defects within a week, but the defendant failed to specify the scope of the reasoning upon payment, leading to the dismissal of the request.

Legislator headnote

AI generated

Art. 328 § 1, § 3, § 4 k.p.c.; Art. 25b ust. 1 u.k.s.c.: A request for a reasoned judgment must specify its scope and be accompanied by the applicable court fee; failure to comply with these requirements, even after a warning, results in the dismissal of the request.

Keywords

AI generated
request for reasoned judgment scope of reasoning specification court fee payment requirement formal defect dismissal civil procedure law

Cited Legislation

AI generated
Art. 328 § 1 k.p.c.
Art. 328 § 3 k.p.c.
Art. 328 § 4 k.p.c.
Art. 25b ust. 1 u.k.s.c.

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