What must the court below send to the court of final appeal, and from which event does the period the provision sets begin to run?
General information · Not legal advice
Material to check
In a practice file we read the notice of appeal and the stamp or receipt showing the day the court below received it, since the period runs from that day. We also read the index of the case record and the inventory or custody papers for the evidence items, so that what was due to be sent can be compared with what exists.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the duty as the court below's own: apart from the case the provision excludes, that court must send the case record and the evidence to the court of final appeal within the period the provision sets, counted from the day it received the notice of appeal, and the wording 'shall send' leaves no application by a party for that step.
Another reading stresses what the provision leaves out: it names no form or method of sending, and where the file is the excluded case under the provision, that duty and the period attached to it do not operate at all, so the record's journey to the court of final appeal in that case is governed elsewhere.
Your judgment
If the court below does not send the case record and the evidence within the period the provision sets, what does the provision leave open about who may act and how?
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 starting event, the length of the period, or the case it excludes, or if a court decision clarifies what counts as receiving the notice of appeal or how the record must be sent.