Legislator Case Law & Legislation
II PZ 60/05 AI generated

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.

Case Number II PZ 60/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
scope of appeal declaration professional lawyer appeal irreparable formal defect immediate rejection mandate procedural code requirements

Cited Legislation

AI generated
Art. 368 § 1 pkt 1 k.p.c.
Art. 370 § 1 k.p.c.
Art. 373 k.p.c.
art. 368 § 1 pkt 1 k.p.c
art. 373 k.p.c
art. 3701 k.p.c

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