Supreme Court allows cassation for failure to address evidence request under Civil Procedure Code Art. 381.
Legislator summary
AI generatedThe 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 generatedArt. 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.