The court of second instance may omit new facts and evidence if the party could have relied on them in the proceedings before the court of first instance, unless the need to rely on them arose later.
The interpretation of the law made by the Supreme Court (Article 398[20] of the Code of Civil Procedure) may justify the party's invoking new facts and evidence (Article 381 of the Code of Civil Procedure) (III CZP 162/2006).
If evidence was reported in the proceedings before the second-instance court that could not be reported earlier, the court should refer to it (II CK 389/2004).
The court of second instance should not ignore new facts and evidence submitted in the appeal if the party learned about the need to provide them from the justification of the appealed judgment (I UK 30/2004).