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I UZ 35/05 AI generated

Supreme Court allows second cassation appeal after first was rejected for formal defects under Civil Procedure Code.

Case Number I UZ 35/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court overturned the appellate court's dismissal of a second cassation appeal filed within the statutory period. The applicant had previously lodged a cassation appeal that was rejected due to missing document copies, yet she submitted a new appeal within the open deadline. The court ruled that no statutory provision prohibits a party from filing a second cassation appeal if the first was rejected for formal defects, provided the second is timely filed.

Legislator headnote

AI generated

Art. 3981 § 1 k.p.c.; Art. 3984 § 2 k.p.c.; Art. 3985 § 1 k.p.c.; Art. 3986 § 2 k.p.c.; Art. 130 § 2 k.p.c. – A party may file a second cassation appeal against the same final judgment if the first was rejected for formal defects, provided the second appeal is lodged within the statutory time limit.

Keywords

AI generated
second cassation appeal formal defects statutory time limit Civil Procedure Code rejection of appeal procedural admissibility Supreme Court ruling

Cited Legislation

AI generated
Art. 3981 § 1 k.p.c.
Art. 3984 § 2 k.p.c.
Art. 3985 § 1 k.p.c.
Art. 3986 § 2 k.p.c.
Art. 130 § 2 k.p.c.
Art. 365 § 1 k.p.c.
art. 3985 § 1 k.p.c
art. 3984 § 2 k.p.c
art. 3986 § 2 k.p.c
art. 3984 k.p.c

Cited Case Law

AI generated
II CZ 139/99
III ZP 1/00

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