Legislator Case Law & Legislation
II UKN 56/97 AI generated

Supreme Court allows cassation for failure to address evidence request under Civil Procedure Code Art. 381.

Case Number II UKN 56/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland quashed the appellate court's decision and remanded the case for a retrial. The appellant argued that the appellate court violated procedural rules by ignoring a request to present computer tomography results without providing a reason. The court held that because the evidence was requested at the appellate stage and was crucial for determining the disability grade, the lower court was obligated to consider it, and its omission constituted a violation of Article 381 of the Civil Procedure Code.

Legislator headnote

AI generated

Art. 381 KPC; Art. 393 § 13 KPC: The failure of a court of second instance to rule on evidence requested by a party at that stage, which could have been presented earlier but was deemed necessary due to timing, constitutes a violation of procedural rules justifying cassation.

Keywords

AI generated
cassation procedure evidence request appellate court duty disability assessment procedural violation

Cited Legislation

AI generated
Art. 381 KPC
Art. 393 § 13 KPC

Cited Case Law

AI generated

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