Supreme Court voids appeal rejection for failure to summon lawyer to pay court fees after fee waiver request.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland voided a district court order rejecting an appeal because the court failed to summon the lawyer to pay court fees after the client's fee waiver request was dismissed. The court held that under the Civil Procedure Code, a judge must issue a summons to pay fees when a fee waiver request is rejected, regardless of whether the request was without merit. Consequently, the lower court's decision to reject the appeal without this mandatory summons was deemed premature and violated procedural rules.
Legislator headnote
AI generatedArt. 1302 § 3 k.p.c.; Art. 394 § 3 k.p.c.; Art. 398 § 16 k.p.c.: When a request for exemption from court fees is rejected, the court must summon the professional representative to pay the applicable fees; failure to issue such a summons renders the subsequent decision on the appeal premature and void.