Legislator Case Law & Legislation
I PZ 57/00 AI generated

Supreme Court dismisses appeal over procedural defect due to valid service of notice by postal service.

Case Number I PZ 57/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's appeal regarding the rejection of a cassation for formal defects. The appellant argued that the court notice was not properly served, claiming the postal carrier left it at the wrong address and that the court relied on unverified assumptions. The court rejected these claims, noting that the postal service's records and the carrier's testimony confirmed the notice was delivered to the correct address within the statutory period.

Legislator headnote

AI generated

art. 139 § 1 KPC; art. 3933 KPC; art. 3935 KPC: A declaration by a lawyer regarding a probable error in the delivery of a court notice is insufficient to establish that the notice was not alternatively served to the addressee, and the court's finding of service based on postal records and carrier testimony is binding.

Keywords

AI generated
service of process postal delivery cassation procedure formal defects proof of service court notice postal service records

Cited Legislation

AI generated
art. 139 § 1 KPC
art. 3933 KPC
art. 3935 KPC
art. 385 KPC
art. 397 § 2 KPC
art. 39319 KPC
§ 9 rozporządzenia Ministra Sprawiedliwości z dnia 17 czerwca 1999 r.

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