When the case record and evidence reach the appeal military court, what must that court tell the parties, and how soon?
General information · Not legal advice
Material to check
In a practice file of this kind, we read the day the appeal military court received the record and evidence from the original military court, or the record of its own demand for them, and any notice the appeal military court sent to the parties stating the reason for the transfer.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes paragraph three as it stands: in the two situations the provision covers, the original military court's own finding that transmission is necessary, or the appeal military court's demand for the record and evidence, the appeal military court must notify the parties of the reason within the period the provision sets, counted from the day it received them.
Another reading points out that the provision states when notice is due and that it must state the reason, but it does not say how detailed that reason must be, what form the notice takes, or what follows if the notice is late.
Your judgment
If the notice reached the parties only after the period the provision allows had run, what in the file would fix both the receipt date and the date the notice reached each party?
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 the period for the notice or the content it must state, or if a court decision explains what a reason must contain or how the receipt date is fixed.