Legislator Case Law & Legislation
I PZ 30/06 AI generated

Supreme Court quashes lower court order rejecting appeal due to missing form for fee waiver request.

Case Number I PZ 30/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the Regional Court's decision rejecting the defendant's appeal because the fee waiver declaration lacked the mandatory form. The defendant submitted a handwritten declaration with personal data, arguing that the strict form requirement did not apply to handwritten submissions. The court ruled that the lower court erred by rejecting the appeal without first summoning the lawyer to pay fees, as the waiver request was validly included in the appeal document.

Legislator headnote

AI generated

Ustawa o kosztach sądowych w sprawach cywilnych art. 102 ust. 2; rozporządzenie Ministra Sprawiedliwości art. 2; Kodeks postępowania cywilnego art. 1302 § 3: A fee waiver request included in an appeal document does not trigger the immediate rejection of the appeal without a prior summons to pay fees.

Keywords

AI generated
fee waiver declaration civil court costs appeal rejection legal representative duty procedural rigor handwritten declaration summons requirement

Cited Legislation

AI generated
art. 102 ust. 2 of the Act on Court Costs in Civil Matters
art. 2 of the Minister of Justice Regulation of 31 January 2006
art. 1302 § 3 of the Code of Civil Procedure
art. 394 § 3 of the Code of Civil Procedure
art. 398 § 1 of the Code of Civil Procedure
art. 3985 § 1 k.p.c
art. 1302 § 3 k.p.c
art. 871 § 2 k.p.c
art. 92 k.p.c
art. 130 § 1 k.p.c

Cited Case Law

AI generated

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