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II UZ 64/99 AI generated

Supreme Court dismissed appeal to restore deadline for personal appeal, ruling it belongs to second instance court.

Case Number II UZ 64/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's appeal regarding the restoration of the deadline for filing a personal appeal. The plaintiff argued that a personal appeal filed within the time limit, accompanied by a request for a court-appointed lawyer, should have been accepted by the second-instance court rather than rejected by the Supreme Court. The court ruled that the Supreme Court lacks jurisdiction to review such requests because the restoration of a deadline is a procedural matter reserved for the court that originally rejected the appeal.

Legislator headnote

AI generated

Art. 3932 § 1 KPC; Art. 385, 397, 39319 KPC: A request to restore a deadline for filing a personal appeal is a distinct procedural institution subject to the second-instance court's jurisdiction, not the Supreme Court's review of an appeal against the rejection of that appeal.

Keywords

AI generated
personal appeal deadline restoration second instance jurisdiction court-appointed lawyer procedural institution

Cited Legislation

AI generated
Art. 3932 § 1 KPC
Art. 39318 KPC
Art. 385 KPC
Art. 397 in conjunction with Art. 39319 KPC
Art. 168 and following KPC

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