Legislator Case Law & Legislation
I PKN 136/97 AI generated

Supreme Court dismisses appeal for filing in wrong court, counting transfer date as filing date.

Case Number I PKN 136/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal because the request for the judgment copy was filed in the first-instance court rather than the second-instance court. The plaintiff argued for the right to appeal, but the court held that the one-month deadline for cassation only begins after the judgment is served according to specific procedural rules. Consequently, the court ruled that the appeal was untimely because the proper service request deadline had expired before the first-instance court forwarded the file.

Legislator headnote

AI generated

Art. 3934 KPC; Art. 387 § 3 KPC: The one-month period for filing a cassation appeal commences only upon proper service of the second-instance judgment; a request for service made in the wrong court is deemed filed only when that court transfers it to the competent court.

Keywords

AI generated
cassation appeal service of judgment procedural deadline wrong court filing transfer of file civil procedure code timely appeal

Cited Legislation

AI generated
Art. 3934 KPC
Art. 387 § 3 KPC
Art. 3938 § 1 KPC
Art. 3935 KPC

Cited Case Law

AI generated
I CZ 9/96
I CZ 35/96
I CZ 28/96
I CZ 2/97
II UZ 25/96
I PKN 45/96
Supreme Court dismisses appeal filed late due to failure to request reasoned judgment within statutory deadline.
I PR 80/65
II CZ 183/73
III CZP 33/87

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