Once the appellate court has received the record and evidence from the court below, what must it tell the parties, and within what period?
General information · Not legal advice
Material to check
For this exercise, the papers to read are the transmittal and receipt papers showing the day the appellate court received the record and evidence, since that day starts the period the provision sets, and the notice the appellate court sent to the parties with the reason it gave.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading treats the duty as automatic: once the appellate court has received the record and evidence, whether the court below sent it on its own finding that it was necessary, or the appellate court required it, the appellate court must notify the parties of the reason within the period the provision sets from the day of receipt.
Another reading notes that the provision says the appellate court must notify the parties of the reason for the transmission, but does not say what that reason must state — why the record was needed or why it was sent — nor who counts as a party to be notified, so the file must show what the notice said and to whom it went.
Your judgment
When the notice names a reason for the transmission, what in the practice file would show whether that reason is complete enough for a party to test 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 provision is amended to define what the reason must state or to change the period it sets, or if a court decision sets what the notice must contain and whom it must reach.