Legislator Case Law & Legislation
I PZ 55/02 AI generated

Supreme Court allows appeal by finding procedural deadline met when document reached any court department before expiry.

Case Number I PZ 55/02
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court set aside the Lower Court's dismissal of the appellant's appeal, ruling that the procedural deadline was validly met. The appellant submitted a request for the judgment with reasoning to the wrong department of the court, which then forwarded it to the correct division. The court held that the deadline is preserved if the document reaches any internal department of the competent court before expiration, regardless of whether it was initially placed at the reception desk.

Legislator headnote

AI generated

Art. 387 § 3 k.p.c.; Art. 3934 § 1 k.p.c.: The time limit for filing an appeal is preserved if the document is delivered to any internal department of the court before its expiration, not merely the reception desk.

Keywords

AI generated
procedural deadline appeal filing court department service of judgment civil procedure code

Cited Legislation

AI generated
Art. 387 § 3 k.p.c.
Art. 3934 § 1 k.p.c.
Art. 39318 § 3 k.p.c.
Art. 397 § 2 k.p.c.
Art. 386 § 4 k.p.c.
art. 125 § 1 k.p.c
art. 3934 § 1 k.p.c
art. 387 § 3 k.p.c
art. 165 § 2 k.p.c
art. 3935 k.p.c

Cited Case Law

AI generated
III CZP 33/87

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