II UZ 7/96
AI generated
Supreme Court dismisses appeal on retrial order, ruling it ends proceedings and requires lawyer representation.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's appeal against a lower court's order rejecting a retrial request. The appellant argued the lower court erred in characterizing the order as non-final, yet the Court held that such orders conclude proceedings under Article 392 of the Code of Civil Procedure. Consequently, the appeal was rejected because the appellant failed to file a cassation through a lawyer within the statutory deadline.
Legislator headnote
AI generatedArt. 392 § 1 KPC; Art. 393 KPC: An order rejecting a request for retrial concludes the proceedings and is subject to cassation, but the appeal must be filed by a lawyer within the prescribed time limit.
Keywords
AI generated
retrial request
concluding order
cassation appeal
lawyer representation
statutory deadline
code of civil procedure
procedural defect
Cited Legislation
AI generatedArt. 385 KPC
Art. 392 § 1 KPC
Art. 393 § 1 KPC
Art. 393 § 2 § 1 KPC
Art. 393 § 4 KPC
Art. 397 § 2 KPC
Art. 399 KPC
Art. 401 KPC
Art. 403 KPC
Art. 410 KPC