Legislator Case Law & Legislation
I PKN 45/96 AI generated

Supreme Court dismisses appeal filed late due to failure to request reasoned judgment within statutory deadline.

Case Number I PKN 45/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the defendant's appeal because it was filed after the statutory one-month deadline. The defendant had requested the reasoned judgment only after the initial seven-day period for such requests expired. Consequently, the court held that the appeal was inadmissible as it violated procedural time limits.

Legislator headnote

AI generated

Art. 393 § 4 KPC; Art. 387 § 3 KPC: The one-month period for filing an appeal begins only upon proper service of the reasoned judgment, which requires the party to request it within seven days of the sentence's announcement.

Keywords

AI generated
civil procedure code appeal deadline reasoned judgment service inadmissible appeal procedural time limits

Cited Legislation

AI generated
Art. 393 § 4 KPC
Art. 387 § 3 KPC
Art. 393 § 5 KPC
Art. 393 § 8 § 1 KPC

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