Legislator Case Law & Legislation
II UKN 558/97 AI generated

Supreme Court dismisses appeal when party fails to prove non-fault delay under procedural law.

Case Number II UKN 558/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Barbara S. against a decision rejecting her appeal in a disability pension case. The applicant argued that a hospital stay and post-surgery recovery prevented her from filing the appeal on time, but the court found the medical record insufficient to prove she was unable to act. Consequently, the court ruled that the burden of proving non-fault delay lies solely with the applicant and cannot be supplemented by formal defect remedies.

Legislator headnote

AI generated

Art. 169 § 2 KPC; Art. 130 § 1 KPC: The burden of proving circumstances justifying a request to restore a procedural deadline lies with the applicant, and such proof does not require supplementation under the rules for curing formal defects.

Keywords

AI generated
procedural deadline restoration burden of proof non-fault curing formal defects cassation appeal dismissal medical evidence insufficiency

Cited Legislation

AI generated
art. 169 § 2 KPC
art. 130 § 1 KPC
art. 3938 § 2 KPC

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