Medical certificates issued over three years after a final judgment cannot serve as grounds for retrial under Polish Civil Procedure Code. The Supreme Court dismissed the retrial request, ruling that evidence obtained post-judgment does not constitute a newly discovered fact under Article 403 § 2 KPC. The court emphasized that the three-year statutory limitation strictly bars such evidence from triggering a retrial, regardless of its content or potential impact on the case outcome. The decision reinforces procedural finality by preventing parties from introducing new medical opinions long after the legal process concluded. This ruling ensures that litigation remains efficient and that final judgments are not easily reopened based on delayed evidence.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal against a lower court's decision to reject a request for retrial. The applicant sought to reopen the case using new medical certificates issued more than three years after the final judgment, arguing they proved the disability originated earlier than previously determined. The court held that evidence obtained after the final judgment does not qualify as a newly discovered fact under Article 403 § 2 of the Civil Procedure Code. Consequently, the retrial request was rejected because the certificates were issued outside the statutory three-year limitation period.
Regesto Legislator
Generato dall'IAArt. 403 § 2 KPC; Art. 393 § 12 KPC: Evidence obtained after the final judgment and issued more than three years after the judgment's effectiveness does not constitute a newly discovered fact justifying a retrial under Article 403 § 2 of the Civil Procedure Code.