Legislator Case Law & Legislation
I PZ 74/97 AI generated

Supreme Court dismisses appeal for adding new cassation grounds after the one-month deadline has passed.

Case Number I PZ 74/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's appeal to supplement cassation grounds submitted after the statutory one-month deadline expired. The appellant argued that the missing continuation of the cassation document was a formal defect correctable under Article 130 of the Code of Civil Procedure. The court ruled that while a missing signature is a correctable formal defect, the absence of the document's continuation is not, and adding new grounds after the deadline constitutes an impermissible circumvention of time limits.

Legislator headnote

AI generated

Art. 393 3 KPC; Art. 393 4 KPC: The failure to cite cassation grounds and their justification constitutes a substantive defect that cannot be cured under Art. 130 KPC, and submitting new grounds after the deadline is inadmissible as it circumvents statutory time limits.

Keywords

AI generated
cassation grounds statutory deadline formal defect Code of Civil Procedure supplementing appeal time limit substantive defect

Cited Legislation

AI generated
Art. 393 3 KPC
Art. 393 4 KPC
Art. 130 KPC
Art. 385 KPC
Art. 397 § 1 KPC
Art. 393 18 KPC
Art. 393 19 KPC

Cited Case Law

AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text