I PKN 408/97
AI generated
Supreme Court dismissed cassation for late evidence requests in labor dispute, upholding lower court's dismissal under Civil Procedure Code.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by the defendants against a labor dispute judgment. The defendants argued that the lower court improperly rejected their late evidence requests, claiming a violation of procedural rights. The court ruled that the defendants failed to present evidence in the first instance, making their subsequent requests inadmissible under the Civil Procedure Code.
Legislator headnote
AI generatedArt. 381 KPC; Art. 217 § 1 KPC; Art. 299 KPC: The court of second instance may disregard new evidence and facts if the party could have presented them in the first instance, thereby preventing a violation of procedural rights.
Keywords
AI generated
Civil Procedure Code
second instance proceedings
late evidence requests
dismissal of cassation
party inactivity
labor dispute
procedural deadlines
Cited Legislation
AI generatedart. 381 KPC
art. 217 § 1 KPC
art. 299 KPC
art. 393 pkt 6 KPC
art. 393 § 8 KPC
art. 393 § 12 KPC
art. 3 KPC