I PKN 533/97
AI generated
Cassation dismissed; witness refusal does not bar evidence in second instance under Polish Civil Procedure Code.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal in a dispute over unpaid employee wages and misappropriated funds. The appellant argued that the lower court erred by excluding witness testimony after witnesses refused to testify, citing procedural violations. The court held that a witness's refusal to testify does not prevent their summoning in the second instance and that the first instance had sufficiently clarified the wage payment issue through other evidence.
Legislator headnote
AI generatedArt. 381 KPC; Art. 382 KPC: The refusal of a witness to give testimony does not constitute an obstacle to their summons in the second instance, as witness duty is owed to the state court, not the opposing party.
Keywords
AI generated
witness refusal
second instance procedure
evidence exclusion
civil procedure code
cassation appeal
witness summons
procedural obligation
Cited Legislation
AI generatedart. 381 KPC
art. 382 KPC
art. 194 § 1 KPC
art. 391 zdanie 2 KPC
art. 124 § 1 i 2 KP
§ 3 art. 124 KP
art. 117 § 1 KP
art. 127 KP
art. 393 12 KPC
Cited Case Law
AI generatedIII CZP 112/92