I PZ 33/05
AI generated
Appeal dismissed; new facts must exist before final judgment to justify retrial under civil procedure law.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the appeal against a lower court's rejection of a retrial request. The appellant claimed new facts emerged after the first-instance judgment, but the court held that such circumstances must have existed prior to the final decision to qualify for retrial. Consequently, the court ruled that the appellant could not have reasonably utilized these facts or witnesses during the original proceedings.
Legislator headnote
AI generatedArt. 403 § 2 k.p.c.; Art. 410 § 1 k.p.c.: A request for retrial under Art. 403 § 2 k.p.c. is only admissible if new facts or evidence existed before the conclusion of the proceedings, meaning circumstances discovered after the final judgment cannot serve as a basis for reopening the case.
Keywords
AI generated
retrial grounds
new facts timing
civil procedure law
evidence admissibility
final judgment effect
Cited Legislation
AI generatedArt. 403 § 2 k.p.c.
Art. 410 § 1 k.p.c.
Art. 394 § 3 k.p.c.
Art. 398 k.p.c.
art. 411 k.p.c
art. 403 § 2 k.p.c
art. 410 § 1 k.p.c
art. 410 k.p.c
art. 379 pkt 5 k.p.c
art. 3941 § 3 k.p.c
Cited Case Law
AI generatedIII PZP 63/68