When making an appeal of the type the filing provision covers under the Stalking Punishment Act, where must the appeal document be submitted, and what does the receiving court then do with the case papers?
General information · Not legal advice
Material to check
For this exercise we read the appeal document itself and the stamp or receipt showing which court received it and when, then the record of the original proceedings and any written opinion the lower court attached when sending the file onward.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the route the provision sets: an appeal of the type the provision covers is made by submitting the appeal document to the original court, and the court that receives it must send the record to the appeal court within the period the provision sets, attaching its written opinion.
Another reading notes that the provision says the court that receives the appeal document must send the record to the appeal court within the period the provision sets, attaching its written opinion, but does not state what the opinion must cover or what follows if the record is sent late, so those points are not settled by this text.
Your judgment
If the appeal document reaches the appeal court directly rather than the original court, what in the papers could show whether the appeal was properly lodged?
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 where the appeal document is filed or the period for sending the record, or if a court decision addresses what a written opinion must contain.