Legislator Case Law & Legislation
II UKN 92/99 AI generated

Supreme Court dismisses appeal; court not bound to examine postal delivery of late appeal.

Case Number II UKN 92/99
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 late appeal. The appellant argued that the appeal might have been accepted by the postal service before the deadline expired, despite being filed late at the court registry. The court ruled that the lower court was not obligated to examine this possibility ex officio because the appellant failed to raise this issue in the cassation grounds.

Legislator headnote

AI generated

Art. 394 § 2 KPC; Art. 165 § 2 KPC: The court is not bound to examine ex officio whether an appeal filed after the statutory deadline was accepted by the postal service before the deadline expired, provided the party did not raise this issue in the cassation grounds.

Keywords

AI generated
cassation appeal statutory deadline postal acceptance ex officio duty procedural time limit

Cited Legislation

AI generated
Art. 394 § 2 KPC
Art. 165 § 2 KPC
Art. 392 § 1 KPC

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