Restoration of a deadline in civil proceedings

Service

The time limit for performing specific actions may be set out in the Code of Civil Procedure or dictated by a court. The effect foreseen for failure to perform a procedural act within the prescribed period is the ineffectiveness of this act. In other words, an action performed after the deadline has no effect in civil proceedings (neither against the court, nor against the party). However, the legislator allowed in certain strictly defined cases the possibility of submitting an application for the reinstatement of the deadline.

When can the deadline be reinstated?

The most important point to remember is that the time limit may only be reinstated upon the written request of an interested party. The court will never reinstate the deadline ex officio.

The deadline may be reinstated if the failure to comply with it was due to some event beyond our control. In other words, if it wasn't our fault. Of course, this is not the only condition. It should also be remembered that failure to meet the deadline must have negative procedural effects for the party. Then, when submitting such an application, it is mandatory to perform a previously “neglected” procedural act. So, when listing the conditions for the reinstatement of the deadline, it must be remembered that they must be met jointly.

To make things easier, let's list all the premises in turn:

  • no party's fault in failure to meet the deadline;
  • negative consequences for the party due to failure to meet the deadline;
  • submitting an application for reinstatement of the time limit;
  • performing a procedural act together with the submission of the application.

Does the submission of an application for the reinstatement of the deadline stay the proceedings?

Unfortunately, the mere submission of an application for reinstatement of the deadline in no way affects the course of the proceedings or the enforcement of the judgment. However, in the event of exceptional circumstances, the court may stay the proceedings or the execution of the judgment.

Rejection of the request for reinstatement. What to do next?

If the court rejects the application for reinstatement of the time limit, the party has the right to appeal against the court's decision on this matter. However, it should be remembered that the prerequisites are met, i.e. a procedural step should be performed with the application for the reinstatement of the deadline and that the reinstatement of the deadline is possible only when the party has failed to meet the deadline through no fault of its own and bears negative consequences in this respect, and that the request for the reinstatement of the deadline must be submitted within seven days of the cessation of the cause of failure. The court will reject a late application or if it is inadmissible by law.