When a judgment orders a case sent on to another court, what must the court officer do with the case record, and within what period?
General information · Not legal advice
Material to check
For this exercise, the papers to read are the judgment ordering the remand or transfer, the case record itself and its cover sheet, and any receipt or proof showing when and to which court the record was sent, since the provision turns on the judgment rendered and the sending that follows.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading makes the duty mandatory and event-driven: once a judgment ordering remand or transfer has been rendered, the court officer must, within the period the provision sets, attach a certified copy of that judgment to the case record and send the record to the court that will receive the remand or transfer.
Another reading marks what the provision does not reach: it fixes the act of sending but not what completes delivery at the receiving court, what follows if the certified copy is not attached, or whether the parties must be told, and the copy to be attached is the copy of the remand or transfer judgment itself.
Your judgment
If the court officer sends the record after the period the provision sets has run, what shows what the receiving court did in the meantime?
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 the court officer has or the papers to be attached, or if a court decision explains when delivery to the receiving court is complete or what follows if the period is missed.