Legislator Case Law & Legislation
III PZ 12/04 AI generated

Supreme Court dismisses appeal on appeal renewal claim filed after statutory deadline due to proper lawyer notification.

Case Number III PZ 12/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's appeal against the district court's rejection of a motion to retry proceedings. The appellant argued that the three-month deadline for filing the motion had not expired because he only learned of the judgment's content in late June, despite his lawyer receiving the document in May. The court ruled that the deadline begins when the party learns of the judgment's issuance, not its content, and since the lawyer was properly notified, the appellant was deemed to have knowledge on that date.

Legislator headnote

AI generated

Art. 407 k.p.c.; Art. 91 pkt 1 k.p.c.; The period for filing a motion to retry proceedings begins from the day the party learns of the judgment's issuance, not its content, and proper notification to a lawyer constitutes such knowledge.

Keywords

AI generated
motion to retry proceedings statutory deadline calculation lawyer notification effect judgment issuance knowledge civil procedure code appeal renewal claim proper service of process

Cited Legislation

AI generated
Art. 407 k.p.c.
Art. 91 pkt 1 k.p.c.
Art. 133 § 3 k.p.c.
Art. 39814 k.p.c.
Art. 3941 § 3 k.p.c.
art. 407 k.p.c
art. 407 § 1 k.p.c
art. 410 § 2 k.p.c
art. 403 § 1 pkt 1 k.p.c
art. 86 k.p.c

Cited Case Law

AI generated
I PZ 26/72
III CRN 324/72
II CR 177/82
III CRN 30/93
I CRN 209/93
I PRN 39/95
I CKN 856/97
I PK 36/04
Supreme Court allows partial appeal regarding illegal termination but dismisses claim for severance pay.
I CKN 946/98

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text