Supreme Court dismisses appeal against rejection of lawyer's appeal for missing scope of appeal declaration. The court held that a lawyer cannot be asked to fix this formal defect.
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's challenge to a lower court's rejection of a lawyer's appeal due to a missing declaration on the scope of appeal. The appellant argued that the first-instance court erred by asking the lawyer to clarify the scope rather than immediately rejecting the appeal under the relevant procedural code. The court ruled that such a request is impermissible when the appeal is drafted by a professional lawyer, as the defect is irreparable and the law mandates immediate rejection.
Legislator headnote
AI generatedArt. 368 § 1 pkt 1 k.p.c.; Art. 370 § 1 k.p.c.: When an appeal is drafted by a professional lawyer and lacks a declaration on the scope of appeal, the court of first instance must reject it immediately; it is impermissible to request the lawyer to clarify this defect.