Professional preparation of a cassation appeal in civil proceedings.
We offer assistance in preparing a cassation appeal, thanks to which you will be able to start the extraordinary procedure for verifying the final decision. In our activities, we place particular emphasis on individual consulting for each client.
By providing professional and effective services, we aim to benefit our clients while guaranteeing reliability and confidentiality. To ensure that our clients receive professional assistance in solving legal problems at the highest substantive level, we approach each case with full commitment.
When preparing a cassation complaint, we strive to achieve the best results for the client, and by adapting to his individual needs, we ensure flexibility of the service.
Only a party, the Prosecutor General or the Ombudsman may submit a cassation appeal to the Supreme Court. Filing a cassation appeal by a party excludes - in the contested scope - lodging a cassation appeal by the Prosecutor General or the Ombudsman.
A cassation appeal may be filed against a final judgment or decision issued by the second-instance court rejecting the claim or discontinuing the proceedings ending the proceedings.
A party may base a cassation appeal on the following grounds:...
Skarga kasacyjna powinna zawierać:
A cassation appeal should include the name of the judgment against which it is filed, indicating whether it is being appealed against in whole or in part...
The opposing party may file a response to the cassation appeal to the court of second instance within two weeks of receiving the complaint. If a cassation appeal is filed by the Prosecutor General or the Ombudsman, both parties may submit a response to the complaint.
The fee must be paid when submitting a fee-paying document to the court. The provisions of the Act providing for the collection of a fee for a claim or application initiating proceedings in the case also apply to the fee for a cassation appeal, unless a specific provision provides otherwise.
Fulfillment of the construction requirement of a cassation appeal consists in submitting an application for acceptance of the complaint for consideration and any justification for this application, and only this is subject to control by the court of second instance, because the substantive assessment of the validity of the application rests with the Supreme Court adjudicating on the acceptance of the complaint for consideration.
The Supreme Court hears a cassation appeal in a panel of three judges. In other cases, the Supreme Court adjudicates in a panel of one judge.
Sąd Najwyższy rozpoznaje skargę kasacyjną w granicach zaskarżenia oraz w granicach podstaw; w granicach zaskarżenia bierze jednak z urzędu pod rozwagę nieważność postępowania.
The Supreme Court hears a cassation appeal within the limits of the appeal and the limits of the grounds; within the limits of the appeal, however, it shall take into account ex officio the invalidity of the proceedings.
If the lawsuit was rejected or there was a basis for discontinuing the proceedings, the Supreme Court repeals the judgments issued in the case and rejects the lawsuit or discontinues the proceedings.
If the lawsuit was rejected or there was a basis for discontinuing the proceedings, the Supreme Court repeals the judgments issued in the case and rejects the lawsuit or discontinues the proceedings.
An administrative cassation appeal may be filed by a party, the prosecutor, the Ombudsman, the Ombudsman for Small and Medium-sized Entrepreneurs or the Ombudsman for Children after they have been served with a copy ofthe judgment with justification.
A cassation appeal may be based on the following grounds: violation of substantive law through incorrect interpretation or improper application, or violation of procedural regulations, if this violation could have a significant impact on the outcome of the case.
Administracyjna skarga kasacyjna powinna zawierać:
An administrative cassation appeal should include: 1) identification of the contested judgment, indicating whether it is contested in whole or in part; 2) mentioning the grounds for cassation and their justification; 3) an application for the annulment or amendment of the judgment with an indication of the scope of the requested annulment or amendment.
An administrative cassation appeal must be filed with the court that issued the contested judgment or decision within thirty days from the date of delivery to the party of a copy of the judgment with justification.
The opposing party may file a response to an administrative cassation appeal to the court of second instance within two weeks of being served with the complaint. If a cassation appeal is filed by the Prosecutor General or the Ombudsman, both parties may submit a response to the complaint.
The Supreme Administrative Court examines an administrative cassation appeal at a hearing composed of three judges, unless a specific provision provides otherwise.
The Supreme Administrative Court dismisses an administrative cassation appeal if there are no justified grounds or if the contested decision, despite the incorrect justification, complies with the law. If the Supreme Administrative Court accepts an administrative cassation appeal, it repeals the contested judgment in whole or in part and remits the case for reconsideration to the court that issued the judgment, and if this court cannot hear it in a different composition, to another court. § 2. If the case is referred for re-examination, the court shall hear it in a different composition.
From the final judgment of the appellate court ending the proceedings and from the final decision of the appellate court to discontinue the proceedings and apply the protective measure specified in Art. 93a of the Penal Code, a cassation appeal may be filed.
The parties are entitled to file a cassation appeal. A party that has not appealed against the decision of the court of first instance may not file a cassation appeal against the decision of the court of appeal if the decision of the court of first instance has been upheld or changed in its favor.
The parties are entitled to file a cassation appeal. A party that has not appealed against the decision of the court of first instance may not file a cassation appeal against the decision of the court of appeal if the decision of the court of first instance has been upheld or changed in its favor.
The deadline for the parties to submit a cassation appeal is 30 days from the date of delivery of the decision with reasons. An application for service of a judgment with justification must be submitted to the court that issued the judgment within the deadline of 7 days from the date of announcement of the judgment, and if the law provides for the delivery of the judgment, from the date of its delivery.
The party attaches proof of payment of the court fee to the cassation appeal; this does not apply to the prosecutor.
In the case specified in Art. 525 ยง 1, when accepting a cassation appeal, the president of the court delivers a copy thereof to the other parties and, after the prosecutor submits a written response to the cassation appeal, immediately sends the files to the court competent to hear the cassation appeal, if the court to which the cassation appeal was filed is not authorized to hear it.
After examining the case, the Supreme Court dismisses the cassation appeal or repeals the contested decision in whole or in part.
The parties entitled to appeal are primarily the parties to the proceedings, and in the case of co-participation in the proceedings - also each of the co-participants individually. However, a co-participant in the dispute is not entitled to lodge an appeal against the other co-participant acting on the same side of the proceedings, even if the court's decision relating to the other co-participant affected his rights or obligations.
An appeal may be filed against a judgment in a trial and a decision on the merits of the case issued in non-contentious (uncontested) proceedings.
An appeal may be based on the following grounds: violation of substantive law through incorrect interpretation or improper application...
The appeal should meet the requirements for a pleading and also contain...
The party attaches proof of payment of the court fee to the cassation appeal; this does not apply to the prosecutor.
The fee must be paid when submitting a fee-paying document to the court. The entire fee is charged for the claim and counterclaim and the application to initiate non-litigious proceedings or their independent part, unless a specific provision provides otherwise. The provisions of the Act providing for the collection of a fee for a claim or application initiating proceedings in the case also apply to the fee for an appeal.
The case is heard by a panel of three professional judges. Decisions regarding evidentiary proceedings in closed session are made by a court composed of one judge.
The list of grounds for invalidity is closed and includes only absolute procedural grounds. Meanwhile, standing is a positive jurisdictional condition, subject to assessment on the basis of substantive law provisions, so its possible lack results in the dismissal of the claim, not the rejection of the claim.
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 court of second instance hears the case within the limits of the appeal; within the limits of the appeal, however, it takes into account the invalidity of the proceedings ex officio.
The court of first instance will reject, at a closed session, an appeal filed after the expiry of the prescribed deadline, unpaid or inadmissible for other reasons, as well as an appeal whose deficiencies were not remedied by the party within the prescribed deadline.
In the event of a cassation appeal being filed, if irreparable damage could be caused to a party as a result of the execution of the judgment, the court of second instance may suspend the execution of the contested judgment until the cassation proceedings are completed or make the execution of this judgment - and in the event of dismissal of the appeal also of the judgment of the first instance court - conditional on the submission by the the plaintiff appropriate security. The decision may be issued at a closed session.
If, when examining an appeal, a legal issue that raises serious doubts arises, the court may refer the issue to the Supreme Court for resolution, postponing the consideration of the case. The Supreme Court has the power to take over the case for consideration or refer the issue to an enlarged panel of this Court for resolution.
If there are no specific provisions on proceedings before the second-instance court, the provisions on proceedings before the first-instance court shall apply accordingly.