I PKN 505/98
AI generated
Supreme Court dismisses appeal when plaintiff's own absence prevents cross-examination in labor dispute.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal in a labor dispute regarding unpaid wages and severance. The lower courts correctly excluded the plaintiff's testimony because he failed to appear for two scheduled hearings without valid excuse, thereby preventing cross-examination. The court ruled that such a failure constitutes a new evidence request under the Code of Civil Procedure, which the second-instance court was empowered to omit.
Legislator headnote
AI generatedArt. 381 KPC; Art. 302 § 1 KPC: If a party prevents the conduct of cross-examination through their own unexcused absence, the second-instance court may omit this evidence as a new request, and the first-instance court's limitation of the examination to the opposing party is lawful.
Keywords
AI generated
labor dispute
cross-examination
unexcused absence
new evidence
second instance
code of civil procedure
cassation appeal
Cited Legislation
AI generatedart. 381 KPC
art. 302 § 1 KPC
art. 233 § 1 KPC
art. 379 pkt 5 KPC
art. 393 § 12 KPC
art. 98 § 1 KPC