Legislator Case Law & Legislation
II UKN 45/97 AI generated

Supreme Court dismissed cassation, ruling courts need not consider new evidence if facts are sufficiently clarified.

Case Number II UKN 45/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a worker seeking disability pension for work-related injuries. The appellant argued that the lower court violated procedural rules by ignoring a new expert opinion from the Institute of Occupational Medicine. The court held that the disputed circumstances regarding the causal link between the 1985 accident and the disability were already sufficiently clarified by four expert teams in previous proceedings. Consequently, the court ruled that the lower court correctly omitted the new evidence request under the relevant procedural code.

Legislator headnote

AI generated

Art. 217 § 2 KPC; Art. 393 § 12 KPC: A court is not obliged to consider subsequent evidence requests from a party as long as they do not prove a favorable thesis, and must omit them once disputed circumstances are sufficiently clarified.

Keywords

AI generated
procedural dismissal evidence exclusion sufficient clarification disability pension work accident expert opinion cassation appeal

Cited Legislation

AI generated
Art. 217 § 2 KPC
Art. 393 § 12 KPC

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