Supreme Court allows appeal against refusal to serve judgment with reasoning based on specific statutory citation.
Legislator summary
AI generatedThe Supreme Court overturned the District Court's refusal to serve the judgment with reasoning to the opposing party. The lower court incorrectly treated a request citing Article 387 § 3 of the Civil Procedure Code as a request for the judgment text alone under Article 9. The Supreme Court held that the explicit statutory citation and timing demonstrated the lawyer's intent to obtain the reasoned judgment for appeal purposes, overriding minor formal inaccuracies.
Legislator headnote
AI generatedArt. 387 § 3 k.p.c.; Art. 9 k.p.c.; Art. 130 § 1 k.p.c.; Art. 394 § 3 k.p.c.; Art. 398 § 16 k.p.c.: A request for service of a court decision with reasoning, even if labeled as a request for the decision text, is valid if explicitly based on Article 387 § 3 of the Civil Procedure Code, provided the intent for appeal is clear.