Legislator Case Law & Legislation
I PZ 19/97 AI generated

Supreme Court dismisses appeal on counsel appointment as it only covers rejected cassation appeals.

Case Number I PZ 19/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court partially dismissed the appellant's appeal regarding a lower court's refusal to appoint counsel and rejection of the cassation. The appellant argued for counsel appointment and cassation rejection, but the lower court denied counsel due to cost issues and rejected cassation because it was filed personally by the appellant rather than by a lawyer. The Supreme Court ruled that an appeal to the Supreme Court is only admissible against a second-instance decision rejecting cassation, making the portion concerning counsel appointment inadmissible, while the cassation rejection was upheld as legally sound.

Legislator headnote

AI generated

art. 39318 KPC; art. 3932 KPC: An appeal to the Supreme Court is admissible only against a second-instance decision rejecting cassation; a personal filing of cassation by a party violates the requirement that it be submitted by a lawyer or notary.

Keywords

AI generated
cassation appeal admissibility Supreme Court jurisdiction counsel appointment refusal personal cassation filing costs of proceedings legal representation requirement second instance decision

Cited Legislation

AI generated
art. 39318 KPC
art. 3932 KPC
art. 3935 KPC
art. 397 § 2 KPC
art. 370 KPC
art. 385 KPC

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