Legislator Case Law & Legislation
I PZ 3/08 AI generated

Appeal dismissed; later judgment on same legal relationship does not ground civil procedure retrial.

Case Number I PZ 3/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's appeal regarding a retrial request based on a subsequent final judgment. The appellant argued that a later administrative court decision and a specific school document constituted grounds for retrial under civil procedure law. The court rejected this, holding that the later judgment involved different parties and the evidence was already known and utilized in the prior proceedings.

Legislator headnote

AI generated

Art. 403 § 3 k.p.c.; Art. 403 § 2 k.p.c.: A subsequent final judgment concerning the same legal relationship does not constitute a ground for retrial if it involves different parties or if the evidence was already known and used.

Keywords

AI generated
retrial grounds same legal relationship subsequent judgment different parties known evidence civil procedure code final judgment

Cited Legislation

AI generated
Art. 403 § 3 k.p.c.
Art. 403 § 2 k.p.c.
Art. 398 § 14 k.p.c.
Art. 394 § 3 k.p.c.
art. 403 § 3 k.p.c
art. 403 § 2 k.p.c
art. 403 k.p.c
art. 39814 k.p.c
art. 3941 § 3 k.p.c

Cited Case Law

AI generated
I PZ 20/67
III CZP 134/04

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