Legislator Case Law & Legislation
III UZ 10/11 AI generated

Supreme Court dismisses second retrial request after prior rejection, citing absolute bar on repeated retrials under Civil Procedure Code.

Case Number III UZ 10/11
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's appeal against a lower court's order rejecting a second request for retrial. The appellant argued that the lack of proper representation by the defendant's legal representative rendered the proceedings invalid, despite a prior rejection of a similar claim. The court ruled that Article 416 of the Civil Procedure Code strictly prohibits a second retrial request when one has already been denied, regardless of the new grounds raised. Consequently, the absolute nature of this procedural bar prevented the retrial from being granted.

Legislator headnote

AI generated

Art. 416 § 1, 2 k.p.c.; Art. 4011 k.p.c.; A second request for retrial of a final judgment is inadmissible if a prior request based on the same judgment was rejected, as the prohibition is absolute and cannot be overcome by new grounds.

Keywords

AI generated
second retrial request Civil Procedure Code procedural bar final judgment legal representation absolute prohibition repeated appeal

Cited Legislation

AI generated
Art. 416 § 1, 2 k.p.c.
Art. 4011 k.p.c.
Art. 398 § 14 k.p.c.
Art. 394 § 3 k.p.c.
art. 4011 k.p.c
art. 416 k.p.c
art. 3941 § 1 k.p.c
art. 68 k.p.c
art. 379 pkt 2 k.p.c
art. 407 § 1 k.p.c

Cited Case Law

AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text