Legislator Case Law & Legislation
II UKN 220/98 AI generated

Supreme Court allows appeal when a party raises valid objections to a written expert opinion requiring oral clarification.

Case Number II UKN 220/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court quashed the appellate court's decision to dismiss the claimant's request to summon a neurologist for oral examination. The lower court rejected the request because the expert's written opinion was deemed sufficiently reasoned, despite the claimant raising specific objections regarding the date of disability onset and internal contradictions. The Supreme Court ruled that the appellate court erred by failing to order oral clarification when the objections were not general but pointed to serious doubts in the expert's reasoning and conclusions.

Legislator headnote

AI generated

Art. 286 KPC; When a party raises valid objections to a written expert opinion that are not general or empty, the court is obligated to summon the expert for oral examination to clarify the opinion.

Keywords

AI generated
expert opinion clarification oral examination obligation valid objections procedure disability pension claim appellate court error KPC article 286 substantive doubt standard

Cited Legislation

AI generated
Art. 286 KPC

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