When may the court set a separate date to pronounce judgment instead of pronouncing it at the sitting that closed the argument, and how soon after that sitting must the date fall?
General information · Not legal advice
Material to check
In a practice file we would look at the trial record showing when the argument was closed, the court's minute or order designating a separate date for pronouncement, and anything in the record recording the circumstances that led the court to set that date. The judgment document and the date of pronouncement matter too, since the provision ties the writing of the judgment to which of these two courses was taken.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the rule in its order: judgment is pronounced at the sitting that closes the argument, but where special circumstances exist a separate pronouncement date may be designated, and that date must be set within the period the provision sets after the close of argument. On this reading the power to designate rests with the court and the special circumstances are the condition for using it at all.
Another reading notes the contrast the provision builds in: writing the judgment after pronouncement is allowed where judgment was pronounced at the closing sitting, while the separately designated date carries its own limit in time. The provision does not say what counts as the special circumstances, nor what in the record has to show them, so that question stays with the file.
Your judgment
If the file shows a separate pronouncement date was set, what in the record could show the circumstances that justified it?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the Act is amended to change the period a separate pronouncement date must fall within or to define what counts as special circumstances, or if a court decision explains what those circumstances are.