Legislator Case Law & Legislation
I PZ 45/00 AI generated

Supreme Court dismisses appeal against rejection of cassation due to procedural defects and lack of legal basis.

Case Number I PZ 45/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's appeal against the lower court's rejection of her cassation request. The plaintiff argued that the cassation was timely filed on a Sunday and that she was entitled to a court-appointed lawyer due to financial hardship. The court ruled that statutory fee waivers do not cover lawyer fees and that the appeal lacked a rational legal basis for retrial.

Legislator headnote

AI generated

Art. 3932 § 1 KPC; Art. 3934 KPC; Art. 117 § 2 KPC: A party entitled to a waiver of court costs must independently prove inability to pay lawyer fees to qualify for a court-appointed representative, and cassation appeals must be based on rational legal grounds rather than requests for new law.

Keywords

AI generated
cassation appeal court appointed lawyer fee waiver scope procedural deadline legal basis requirement

Cited Legislation

AI generated
Art. 3932 § 1 KPC
Art. 3934 KPC
Art. 117 § 2 KPC
Art. 401 pkt 1 KPC
Art. 48 KPC
Art. 49 KPC
Art. 465 § 1 KPC

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