I PZ 99/01
AI generated
Supreme Court dismisses appeal for failure to establish counsel within statutory time limits for cassation.
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's appeal against the Second Instance Court's refusal to appoint a legal representative for the cassation stage. The appellant filed the cassation personally but failed to appoint counsel within the seven-day deadline, despite the court providing necessary instructions. The court ruled that under normal procedural conditions, the appellant could not have met the deadline without counsel and did not cite valid reasons for its extension.
Legislator headnote
AI generatedArt. 117 § 1 zd. 3 k.p.c.; Art. 3932 § 1 k.p.c.; The court may refuse to appoint a legal representative for cassation if the party could not meet the filing deadline without counsel and offers no grounds for time extension.
Keywords
AI generated
cassation appeal
legal representative
time limit
procedural deadline
Supreme Court
counsel appointment
civil procedure
Cited Legislation
AI generatedArt. 117 § 1 zdanie trzecie k.p.c.
Art. 3932 § 1 k.p.c.
Art. 385 k.p.c.
Art. 39318 § 3 k.p.c.
Art. 397 § 2 k.p.c.
art. 39318 § 1 k.p.c
art. 380 k.p.c
art. 463 § 1 k.p.c
art. 263 § 1 k.p
art. 113 § 1 k.p.c
Cited Case Law
AI generatedII UKN 17/96
Supreme Court dismisses cassation in social insurance case, ruling no lawyer appointment notice required for personal action.
II UZ 56/99
Supreme Court dismisses appeal when personal appeal with lawyer appointment fails to meet filing deadline.
II UZ 142/99
Supreme Court dismisses appeal for personal cassation as civil procedure code mandates lawyer representation.
II UZ 45/98
Supreme Court dismisses personal appeal by plaintiff who failed to appoint a lawyer after their request was rejected.
II UZ 13/97
Supreme Court dismisses appeal filed personally by plaintiff without lawyer, citing mandatory attorney requirement under Polish Civil Procedure Code.
II UZ 57/98
Supreme Court dismisses appeal for lack of standing, allowing appeal on mistaken procedural notice.
II UZ 25/97
Supreme Court dismisses appeal because a personal appeal lacks mandatory lawyer signature under Polish Civil Procedure Code.
II UZ 119/97
Supreme Court dismisses appeal because a non-lawyer personally filed the cassation without required signature by authorized representative.