Legislator Case Law & Legislation
II UZ 53/05 AI generated

Supreme Court dismisses appeal; court has no duty to inform appointed counsel of deadline expiry.

Case Number II UZ 53/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the applicant's appeal against the appellate court's refusal to restore a missed cassation deadline. The applicant argued that the court violated procedural rules by failing to inform her appointed counsel of the deadline, while the appellate court held the delay resulted from the counsel's own negligence. The Supreme Court ruled that the law does not impose an obligation on the court to notify counsel of the deadline, and the delay was not excusable given the case's simplicity and the counsel's actions.

Legislator headnote

AI generated

art. 168 § 1 k.p.c.; art. 3934 k.p.c.; The court is not obliged to inform an appointed counsel of the expiration of the cassation deadline, and such failure cannot serve as a basis for restoring a missed deadline.

Keywords

AI generated
missed cassation deadline appointed counsel duty court notification obligation procedural restoration negligence of counsel

Cited Legislation

AI generated
art. 168 § 1 k.p.c.
art. 3934 k.p.c.
art. 3941 k.p.c.
art. 397 § 1 k.p.c.
art. 398 § 14 k.p.c.
art. 168 § 1 k.p.c
art. 169 § 1 k.p.c
art. 328 § 2 k.p.c
art. 361 k.p.c
art. 3934 k.p.c

Cited Case Law

AI generated

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