II UZ 113/00
AI generated
Polish Supreme Court dismisses appeal where late lawyer appointment does not reset filing deadlines due to client negligence.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 168 § 1 KPC
Art. 393 § 19 KPC
Art. 385 KPC
Cited Case Law
AI generatedII CKN 724/99