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II PZ 31/08 AI generated

Supreme Court dismisses appeal for retrial due to missed three-month filing deadline under Polish Civil Procedure Code.

Case Number II PZ 31/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court of Poland dismissed the appellant's appeal against the lower court's rejection of a retrial request. The appellant argued that new evidence regarding workplace discrimination and illegal dismissal had emerged in subsequent proceedings, yet the retrial petition was filed over three months after the final judgment became effective. The court ruled that the three-month deadline in Article 407 of the Civil Procedure Code is mandatory and cannot be extended, even if the five-year limit in Article 408 was not exceeded.

Legislator headnote

AI generated

Art. 407 § 1 k.p.c.; Art. 408 k.p.c.: The three-month period for filing a retrial request is a strict condition for admissibility based on the awareness of the cause, and the five-year limit does not apply to extend this specific deadline.

Keywords

AI generated
retrial request statutory deadline civil procedure code missed filing period procedural admissibility

Cited Legislation

AI generated
Art. 407 § 1 k.p.c.
Art. 408 k.p.c.
Art. 401 pkt 2 k.p.c.
Art. 410 § 1 k.p.c.
Art. 394 § 3 k.p.c.
Art. 398 § 14 k.p.c.
art. 408 k.p.c
art. 407 k.p.c
art. 407 § 1 k.p.c
art. 403 § 2 k.p.c

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