Legislator Case Law & Legislation
II UZ 113/00 AI generated

Polish Supreme Court dismisses appeal where late lawyer appointment does not reset filing deadlines due to client negligence.

Case Number II UZ 113/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's appeal against a second-instance court's rejection of her request to reinstate the cassation deadline. The appellant had been properly notified of the deadline but failed to file a lawyer or request an extension until three days before expiration. The court ruled that merely appointing a lawyer late does not reopen the filing period because the delay was caused by the appellant's own unjustified inactivity.

Legislator headnote

AI generated

Art. 168 § 1 KPC; Art. 393 § 19 KPC: The appointment of a lawyer ex officio filed shortly before a deadline expires does not constitute a valid ground for reinstating the missed filing period if the delay was caused by the party's own unjustified inactivity.

Keywords

AI generated
reinstatement of deadline inactivity of the party appointment of lawyer ex officio cassation procedure fault of the party

Cited Legislation

AI generated
Art. 168 § 1 KPC
Art. 393 § 19 KPC
Art. 385 KPC

Cited Case Law

AI generated
II CKN 724/99

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