Legislator Case Law & Legislation
I UZ 44/05 AI generated

Supreme Court dismisses appeal on cassation rejection as independent from separate requests to restore procedural deadlines.

Case Number I UZ 44/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's appeal against the rejection of his cassation, ruling that this procedural review is independent from simultaneous requests to restore deadlines. The appellant had filed a cassation personally and missed the statutory week-long period to request the delivery of the appellate court's reasoned judgment. The court held that since the appeal on the rejection of cassation is a distinct proceeding, it must be decided separately from the request to restore time limits, which belongs to the appellate court's jurisdiction.

Legislator headnote

AI generated

Art. 3935 k.p.c.; Art. 3932 § 1 k.p.c.; The appeal against a decision rejecting cassation is an independent proceeding that does not depend on the outcome of simultaneous requests to restore procedural deadlines.

Keywords

AI generated
independent proceeding cassation rejection procedural deadlines missed time limit personal filing appellate jurisdiction separate review

Cited Legislation

AI generated
Art. 3935 k.p.c.
Art. 3932 § 1 k.p.c.
Art. 387 § 3 k.p.c.
Art. 168 § 1 k.p.c.
Art. 380 k.p.c.
Art. 39318 k.p.c.
Art. 397 § 1 k.p.c.
art. 3935 k.p.c
art. 3932 § 1 k.p.c
art. 168 § 1 k.p.c

Cited Case Law

AI generated

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