Supreme Court allows retrial when new evidence existed but court failed to obtain it despite party's request.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland overturned the appellate court's dismissal of a retrial request filed by an insured worker. The worker claimed he discovered new documents regarding his superior's duties only after the final judgment, arguing they were unavailable due to data protection rules and lost personnel files. The court ruled that since the documents existed and the worker had previously requested them, the failure to obtain them constituted a valid ground for retrial under the Civil Procedure Code.
Legislator headnote
AI generatedart. 403 § 2 k.p.c.; art. 398 § 1 k.p.c.; art. 394 § 3 k.p.c.: A ground for retrial based on the inability to use evidence in prior proceedings is met if the evidence was the subject of the party's admitted evidence requests and the court failed to obtain it.