I PZ 55/02
AI generated
Supreme Court allows appeal by finding procedural deadline met when document reached any court department before expiry.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 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 generatedIII CZP 33/87