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II UKN 146/97 AI generated

Court dismissed cassation where lawyer failed to file appeal within one month despite being appointed by court.

Case Number II UKN 146/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a lawyer appointed ex officio for the client. Although the lawyer claimed he was unaware the appointment was for filing a cassation appeal, the court found the appointment letter contained sufficient details to identify the case nature. The court held that the lawyer failed to exercise due diligence in learning the case specifics and the strict one-month deadline for filing the appeal.

Legislator headnote

AI generated

Art. 387 § 3 KPC; Art. 168 § 1 KPC: A lawyer appointed ex officio cannot claim a missed deadline for filing a cassation appeal merely because the appointment letter did not explicitly state the purpose was to file a cassation, as the lawyer must exercise due diligence to ascertain the case nature and file within the statutory period.

Keywords

AI generated
ex officio appointment cassation deadline due diligence standard missed procedural term lawyer negligence KPC cassation rules appointment purpose

Cited Legislation

AI generated
Art. 387 § 3 KPC
Art. 168 § 1 KPC
Art. 133 § 3 KPC
Art. 393 § 2 KPC

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