While a final appeal is pending, how much of the judgment below may be declared provisionally enforceable, and who must apply for that?
General information · Not legal advice
Material to check
In a practice file we read the notice of appeal or application for review to see which parts of the lower judgment a party is challenging, the party's application asking the upper appeal court to declare enforceability, and the lower judgment itself, to compare the parts challenged with the parts left alone.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision in its own terms: the upper appeal court may, on a party's application, declare by decision that the parts of the lower judgment that no party has sought to have reviewed are enforceable, and the power rests on that application rather than on the court's own motion.
Another reading marks a limit the provision does not cross: it says nothing about what happens to a part of the judgment that is caught up in a pending challenge, so the declaration can only reach the portion in which no application for review has been made, and the rest waits.
Your judgment
If a party challenges only one part of a judgment divided into several parts, how could the file show that no challenge has been made to the remaining parts?
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 provision is amended to change which court may declare enforceability or the point from which it may be declared, or if a decision explains how a part is to be treated where a challenge to it is pending.