Legislator Case Law & Legislation
II UKN 70/99 AI generated

Supreme Court dismisses appeal for retrial filed after statutory time limit and failure to cure formal defects.

Case Number II UKN 70/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a lower court's rejection of a retrial request. The appellant failed to file the retrial claim within the three-month period mandated by law after discovering the ground for retrial and neglected to correct formal deficiencies despite a court summons. The court ruled that the lower courts correctly applied procedural statutes, noting the appellant's attempt to challenge the original trial's validity rather than the procedural dismissal of the retrial request.

Legislator headnote

AI generated

Art. 407 KPC; Art. 410 KPC; Art. 130 KPC; Art. 393 § 12 KPC: A request for retrial must be filed within the statutory period from the discovery of grounds; failure to meet this deadline or correct formal defects justifies dismissal, and cassation challenging only procedural rulings is inadmissible.

Keywords

AI generated
retrial request statutory time limit formal defects cassation appeal procedural dismissal

Cited Legislation

AI generated
Art. 407 KPC
Art. 410 KPC
Art. 130 KPC
Art. 393 § 12 KPC

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