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I PKN 385/98 AI generated

Polish Supreme Court dismisses appeal for missing deadline due to broken finger when lawyer filed appeal after authorization.

Case Number I PKN 385/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court of Poland dismissed the appellant's cassation appeal regarding a missed deadline for filing an appeal. The appellant argued that a broken right hand prevented him from writing the appeal, yet he had authorized a lawyer who submitted the appeal with a request to restore the deadline. The court ruled that once the physical impediment ceased, the appellant failed to act promptly by authorizing counsel, thereby breaching the duty of special diligence required in civil proceedings.

Legislator headnote

AI generated

Art. 168 § 1 KPC; Art. 148 § 2 KPC: A party's temporary inability to file an appeal due to physical disability does not justify a missed deadline if, after recovery, the party fails to file the appeal personally or promptly authorizes a representative to do so.

Keywords

AI generated
missed appeal deadline physical disability excuse duty of special diligence authorization of lawyer cassation dismissal civil procedure law restoration of term

Cited Legislation

AI generated
Art. 168 § 1 KPC
Art. 148 § 2 KPC
Art. 379 pkt 5 KPC
Art. 393 § 12 KPC
Art. 86 KPC
Art. 79 KC

Cited Case Law

AI generated
I PKN 377/97
Supreme Court dismissed cassation; refusal of evidence does not deprive party of defense rights.
II UKN 183/97
Supreme Court dismisses appeal where lawyer's non-notification did not affect outcome as client waived presence.

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