Application for reinstatement - when can it be submitted?

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Each legal act is characterized by the fact that for its correctness it must be performed within the appropriate time limit provided for by legal regulations or court decisions. The general rule is the ineffectiveness of a legal act performed after the expiry of the prescribed period. Ineffectiveness should be understood as meaning that, after a legal act is performed without meeting the time limit, this act will have no effect either on the party or on the court. However, the legislator made sure that in some cases it was possible to obtain an additional time limit for performing a legal act. This is why the institution of reinstatement of the deadline has been introduced. We explain what characterizes the request for resumption of the deadline.

When can I apply for a reinstatement?

Below we present detailed cases in which you can use this institution:

  • no fault of the party in failure to meet the deadline - of course, you cannot be held responsible for something that we did not do through our own fault. In this case, the legislator introduced the possibility of restoring the deadline if its failure was caused by the occurrence of some circumstances or events beyond the influence of the so-called insurmountable obstacles (e.g. natural disaster, fire, severe sudden illness);

  • negative effects for the party due to failure to meet the deadline - in order for the time limit to be restored, its non-restoration must have negative consequences for the party;

  • submission of an application for reinstatement of the term - it should be remembered that the court will never reinstate the term ex officio, a written request of a party is necessary;

  • making a procedural act together with the submission of the application - simultaneously with the submitted application, the party must perform the action which it failed to meet by the deadline.

It is true that the application for the reinstatement of the time limit does not affect the pending proceedings or the enforcement of the judgment, but in exceptional circumstances, the court may stay the proceedings or the execution of the judgment.

Where should the request for reinstatement be submitted?

An application for reinstatement of the time limit should be submitted to the court that issued the judgment in the matter within 7 days from the moment when the cause of failure ceased to exist. The application should include:

  • information about the procedural act to which the party requests the reinstatement of the deadline,

  • explanation of the reasons for failure to perform a given action on time and demonstration that the failure to meet the deadline was not caused by the party;

  • indication, through the date, when the cause of the breach ceased to exist;

It is very important to remember that the limitation periods cannot be demanded in this way.