Legislator Case Law & Legislation
II UZ 51/01 AI generated

Supreme Court dismisses appeal; filing for court-appointed counsel does not extend cassation deadline.

Case Number II UZ 51/01
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's appeal against the rejection of his cassation, which was filed after the statutory one-month deadline. The appellant argued that the appointment of a court-appointed lawyer should have extended the deadline, citing conflicting precedents and constitutional principles regarding access to court. The Court ruled that the appointment of counsel does not affect the running of the cassation deadline and that any delay caused by the lawyer's inability to meet the deadline must be addressed through a separate request to restore the deadline.

Legislator headnote

AI generated

Art. 3934 § 1 KPC; Art. 3935 KPC: The filing of a request to appoint a lawyer by the court does not affect the running of the deadline for filing a cassation; failure to file within the statutory period due to reasons not attributable to the lawyer or the party constitutes a ground only for requesting the restoration of the deadline.

Keywords

AI generated
cassation deadline court-appointed lawyer restoration of time limit procedural deadline access to court KPC cassation statutory period

Cited Legislation

AI generated
Art. 3934 § 1 KPC
Art. 3935 KPC
Art. 117 § 1 KPC
Art. 168 § 1 KPC
Art. 385 KPC
Art. 397 § 2 KPC
Art. 39318 § 3 KPC
Art. 77 ust. 2 Konstytucji RP
art. 77 ust. 2 Konstytucji RP

Cited Case Law

AI generated

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