Legislator Case Law & Legislation
I PKN 61/01 AI generated

Supreme Court dismisses appeal filed late due to appointed lawyer's refusal to draft it.

Case Number I PKN 61/01
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's appeal because it was filed after the deadline expired. Although the plaintiff's appointed lawyers refused to draft the appeal, the court held that their refusal constituted a final procedural decision. Consequently, the court ruled that a subsequent lawyer could not revive the appeal after the case had become final.

Legislator headnote

AI generated

Art. 168 § 1 KPC; Art. 3938 § 1 KPC: A court-appointed lawyer may refuse to draft an appeal if it is inadmissible or obviously unfounded, and such refusal precludes the court from restoring the deadline for a subsequent lawyer.

Keywords

AI generated
court-appointed lawyer refusal to draft appeal restoration of deadline finality of judgment procedural default civil procedure code inadmissible appeal

Cited Legislation

AI generated
Art. 168 § 1 KPC
Art. 3938 § 1 KPC

Cited Case Law

AI generated

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