Legislator Case Law & Legislation
II UKN 377/98 AI generated

Supreme Court dismisses appeal; requesting judgment copy does not equal requesting written reasoning.

Case Number II UKN 377/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Edmund S. against a military pension decision. The applicant argued that a letter dated December 18, 1997, requesting the judgment be sent on paper constituted a valid request for written reasoning under the Civil Procedure Code. The Court held that such a request is distinct from a formal request for reasoning, which must be submitted within a strict one-week deadline from the judgment's announcement. Consequently, the lower court correctly rejected the late request, and the appeal lacked the specific legal grounds required for cassation review.

Legislator headnote

AI generated

Art. 327 KPC; Art. 328 KPC: A request for the judgment to be sent on paper is not equivalent to a request for written reasoning; the latter must be filed within one week of the announcement, and a general request for the judgment does not trigger the obligation to draft reasoning.

Keywords

AI generated
cassation appeal dismissal written reasoning request Civil Procedure Code judgment announcement deadline procedural time limits legal representation absence judgment copy delivery

Cited Legislation

AI generated
Art. 327 KPC
Art. 328 KPC
Art. 369 KPC
Art. 3933 KPC
Art. 3938 KPC
Art. 39312 KPC

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