Legislator Case Law & Legislation
II UZ 68/97 AI generated

Supreme Court voids dismissal of appeal due to late filing, mandating evidence to verify actual receipt date.

Case Number II UZ 68/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court voided the appellate court's dismissal of the cassation appeal as untimely and remanded the case for retrial. The appellant argued that the judgment was mailed on April 30 but received on May 5, making the May 8 filing timely, while the lower court erroneously accepted a handwritten receipt date of April 5. The court ruled that the appellate court failed to conduct necessary evidentiary proceedings to verify the actual receipt date, noting the discrepancy between the mailing date and the appellant's claimed receipt date.

Legislator headnote

AI generated

Art. 3934 KPC; When the case file indicates the judgment was served to the appellant before it was mailed by the court, the second-instance court is obliged to conduct evidentiary proceedings to ascertain the actual date of receipt before deciding to dismiss the cassation as late.

Keywords

AI generated
cassation appeal statute of limitations evidentiary proceedings service of judgment receipt date verification appellate court error remand for retrial

Cited Legislation

AI generated
Art. 3934 KPC

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