Legislator Case Law & Legislation
I PKN 533/97 AI generated

Cassation dismissed; witness refusal does not bar evidence in second instance under Polish Civil Procedure Code.

Case Number I PKN 533/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
art. 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 generated
III CZP 112/92

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