Legislator Case Law & Legislation
II UZ 45/98 AI generated

Supreme Court dismisses personal appeal by plaintiff who failed to appoint a lawyer after their request was rejected.

Case Number II UZ 45/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed Stanisław C.'s personal appeal against a lower court's rejection of his request for a court-appointed lawyer. The plaintiff argued that the rejection violated procedural rules, but the Court held that the rejection of the appointment request did not grant him the right to bypass the mandatory requirement of having legal representation. Consequently, the appeal was invalid because it was filed personally without a lawyer, regardless of the prior rejection of the appointment.

Legislator headnote

AI generated

Art. 393 ust. 2 § 1 k.p.c.; Art. 117 k.p.c.; Art. 385 k.p.c.; Art. 393 ust. 1 k.p.c.: The rejection of a party's request for a court-appointed lawyer does not exempt them from the statutory requirement to file an appeal through a lawyer; therefore, a personal appeal is inadmissible.

Keywords

AI generated
court-appointed lawyer admissibility of appeal legal representation requirement rejection of appointment personal appeal inadmissibility

Cited Legislation

AI generated
Art. 393 ust. 2 § 1 k.p.c.
Art. 117 k.p.c.
Art. 385 k.p.c.
Art. 393 ust. 1 k.p.c.

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