Legislator Case Law & Legislation
II UKN 449/00 AI generated

Supreme Court dismisses appeal; failure to cite procedural rules for fact-finding on discovery date is not a valid cassation ground.

Case Number II UKN 449/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a veteran against a lower court's rejection of his request to retry the proceedings. The appellant argued that the lower court incorrectly fixed the start date of the three-month deadline for filing a retrial request, claiming he only validly discovered the new evidence in late 1999 due to his poor health. The court held that the lower court's determination of the discovery date was a factual finding supported by evidence and that the appellant's failure to cite specific procedural rules violated the requirement for a valid cassation ground.

Legislator headnote

AI generated

Art. 407 KPC; Art. 403 § 2 KPC: The deadline for filing a retrial request based on new circumstances runs from the day the party validly learned of them; failure to cite specific procedural rules violated by the lower court in establishing this date does not constitute a valid ground for cassation.

Keywords

AI generated
retrial request deadline discovery of new evidence cassation appeal dismissal procedural rules citation factual findings review

Cited Legislation

AI generated
Art. 407 KPC
Art. 403 § 2 KPC
Art. 410 § 1 KPC
Art. 411 KPC

Cited Case Law

AI generated
II CZ 128/66

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