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