Legislator Case Law & Legislation
II UZ 13/98 AI generated

Supreme Court dismissed appeal; appeal filed late; court lacks power to extend time for lawyer appointment.

Case Number II UZ 13/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's appeal against a lower court's rejection of her cassation. The appellant argued that the statutory deadline for filing the cassation should be extended because she was only notified of the court-appointed lawyer the day before the deadline expired. The court ruled that the appointment of a lawyer constitutes a power of attorney, and the timing of the lawyer's agreement is solely between the lawyer and the client, not the court. Consequently, since no request to restore the missed deadline was filed, the appeal was correctly rejected as untimely.

Legislator headnote

AI generated

Art. 118 KPC; Art. 168 § 1, 169 KPC; Art. 393 § 4 KPC; Art. 393 § 18 KPC: The appointment of a lawyer ex officio is equivalent to granting a power of attorney, and the court has no authority to extend the statutory deadline for filing an appeal based on the timing of the lawyer's appointment.

Keywords

AI generated
power of attorney appointment statutory deadline extension court appointed lawyer cassation filing time procedural time restoration

Cited Legislation

AI generated
Art. 118 KPC
Art. 168 § 1 KPC
Art. 169 KPC
Art. 393 § 4 KPC
Art. 393 § 18 KPC

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