Legislator Case Law & Legislation
II UKN 332/99 AI generated

Supreme Court dismisses cassation when service of judgment is valid even after client appoints counsel.

Case Number II UKN 332/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Krzysztof L. against a lower court's refusal to extend the deadline for filing a cassation. The applicant argued that the monthly deadline should run from the date his appointed lawyer received the judgment, as he had not yet formally established legal representation. The court ruled that service of the judgment on the party personally is legally effective regardless of subsequent appointment of counsel or receipt of free legal aid. Consequently, the appeal lacked merit because the procedural violation was not established and the cited articles did not apply to the specific issue of deadline extension.

Legislator headnote

AI generated

Art. 3931 KPC; Art. 387 § 3 KPC: Service of a judgment on a party acting personally is legally effective even if the party subsequently appoints a lawyer or obtains free legal aid, meaning the deadline for cassation runs from that service date.

Keywords

AI generated
service of process cassation deadline legal representation free legal aid procedural violation Supreme Court Polish Civil Procedure

Cited Legislation

AI generated
Art. 3931 KPC
Art. 387 § 3 KPC
Art. 168 § 1 KPC
Art. 3933 KPC

Cited Case Law

AI generated
I PKN 120/97 - OSNAPiUS 1998 nr 3, poz. 88

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