Legislator Case Law & Legislation
I PKN 44/96 AI generated

Supreme Court quashes labor dispute judgment for changing witness credibility without new evidence.

Case Number I PKN 44/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland quashed the appellate court's judgment in a labor dispute, ordering a retrial by the lower court. The plaintiff argued that the appellate court illegally altered the factual findings regarding witness credibility without conducting new evidence proceedings. The court ruled that under the Civil Procedure Code, an appellate court cannot make new factual determinations based solely on a different assessment of witness credibility unless it re-conducts the testimony.

Legislator headnote

AI generated

Art. 477 § 4 KPC; Art. 385 § 1 KPC: An appellate court, without re-conducting evidence, cannot make new factual findings differing from the first-instance court if they result solely from a different assessment of witness credibility.

Keywords

AI generated
appellate court limitations witness credibility assessment civil procedure code labor dispute law evidence re-conduction factual findings review judicial retrial order

Cited Legislation

AI generated
Art. 477 § 4 KPC
Art. 385 § 1 KPC
Art. 390 § 1 KPC
Art. 393 § 13 § 1 KPC

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