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I PZ 13/08 AI generated

Supreme Court allows appeal against rejection of service notice to lawyer's clerk as valid under civil procedure code.

Case Number I PZ 13/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court allowed the plaintiff's appeal against a lower court's decision rejecting a request for a reasoned judgment. The lower court dismissed the request because the plaintiff's lawyer failed to serve the document within the deadline, claiming the recipient was not authorized. The Supreme Court found the recipient, a clerk at the lawyer's office, was authorized to receive mail based on witness testimony and the lack of written objection. Consequently, the service was deemed valid, and the lower court's procedural error regarding the deadline was corrected.

Legislator headnote

AI generated

Art. 133 § 1 k.p.c.; Art. 135 k.p.c.; Art. 138 § 1 k.p.c.: Service of court documents to a lawyer's office may be effected to an authorized person, such as a clerk, without written authorization if the recipient's role and lack of objection establish implied authority.

Keywords

AI generated
service of process lawyer's office authorized recipient implied authority civil procedure code procedural deadline court decision

Cited Legislation

AI generated
Art. 133 § 1 k.p.c.
Art. 135 k.p.c.
Art. 138 § 1 k.p.c.
Art. 387 § 3 k.p.c.
Art. 217 § 2 k.p.c.
Art. 361 k.p.c.
Art. 391 § 1 k.p.c.
Art. 398 § 1 k.p.c.
Art. 394 § 3 k.p.c.
art. 133 § 1 k.p.c

Cited Case Law

AI generated
III CZP 53/94
II CKN 509/99

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