III PZ 6/10
AI generated
Supreme Court dismisses appeal for retrial rejection due to improper filing by the party without a lawyer.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's appeal against a lower court's rejection of a retrial request. The lower court correctly determined that the appeal was inadmissible because it was filed personally by the party rather than by a qualified lawyer or legal advisor, as required by law. The Supreme Court upheld this decision, confirming that the procedural requirements for appeals against second-instance rulings must be strictly observed.
Legislator headnote
AI generatedArt. 3941 § 2 k.p.c.; Art. 871 § 2 k.p.c.: Appeals against rulings of the second instance court rejecting a retrial request must be filed by a lawyer or legal advisor; failure to comply renders the appeal inadmissible.
Keywords
AI generated
retrial request
second instance court
inadmissible appeal
qualified representative
procedural requirements
Supreme Court jurisdiction
legal representation
Cited Legislation
AI generatedArt. 3941 § 2 k.p.c.
Art. 871 § 2 k.p.c.
Art. 373 k.p.c.
Art. 397 § 2 k.p.c.
Art. 3941 § 3 k.p.c.
Art. 398 § 14 k.p.c.
art. 871 § 2 k.p.c
art. 3941 k.p.c
art. 871 § 1 k.p.c
art. 370 k.p.c
Cited Case Law
AI generatedIII CO 17/01
III CO 24/03
III CZP 11/04
Supreme Court holds that an appellate court dismissing an appeal is a court ruling on the merits for Article 403 § 2 CPC purposes.
III CZP 59/98
III CZP 77/04
Supreme Court rules the second instance court is competent for retrial under Art. 403 § 2 CPC when it dismissed the appeal.
III CZP 46/06
Civil Procedure Code invalidity applies when a lower court rules on a retrial case where the appellate court had jurisdiction.
III CZP 137/06
Supreme Court rules second instance court dismissing appeal is last court on merits for retrial under Art. 405 CPC.