Legislator Case Law & Legislation
II UKN 182/98 AI generated

Supreme Court dismissed cassation, ruling that ex officio evidence is only allowed in exceptional cases requiring objective justification.

Case Number II UKN 182/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Stanisław T. against a lower court's decision in a disability pension dispute. The appellant argued that the appellate court erred by failing to conduct further psychiatric examinations despite his hospitalization and family history. The court held that the appellate court correctly relied on existing medical opinions which definitively excluded the alleged psychiatric condition, making additional evidence unnecessary.

Legislator headnote

AI generated

Art. 232 KPC; Art. 290 § 1 KPC: The court's ex officio conduct of evidence not indicated by a party is permissible only in exceptional procedural situations and must stem from an objective assessment of the necessity for its conduct.

Keywords

AI generated
ex officio evidence disability pension cassation appeal medical opinion procedural exception

Cited Legislation

AI generated
Art. 232 KPC
Art. 290 § 1 KPC
Art. 278 KPC
Art. 393 § 12 KPC

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text