Supreme Court dismissed cassation regarding evidence rules; lower court correctly excluded evidence from first instance proceedings.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Maria P. against the Regional Court's judgment in a labor dispute. The appellant argued that the lower court failed to consider her testimony regarding a pattern of indefinite renewals, but the Supreme Court ruled that evidence rules strictly prohibit challenging the admissibility of evidence not presented in the first or appellate instance. Consequently, the court upheld the lower court's finding that the employee's participation in a pension insurance scheme did not prove an indefinite-term employment contract.
Legislator headnote
AI generatedArt. 233 § 1, Art. 382 KPC: Evidence rules apply only to evidence conducted in the first or appellate instance; a cassation complaint alleging violation of these provisions cannot concern evidence not presented by the court.