After a notice of appeal is received, within what period must the first-instance court send the case record and evidence to the appeal court?
General information · Not legal advice
Material to check
For this exercise, we read the notice of appeal with the stamp showing the date the first-instance court received it, the inventory of the case record and the exhibit list, and any proof of when and how those papers and exhibits were sent to the appeal court.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading places the duty on the first-instance court: outside the excluded cases, that court must send the case record and the evidence to the appeal court, and the period it sets runs from the day the notice of appeal was received.
Another reading works through the exclusion: the provision sets the sending duty apart from certain excluded cases, but leaves what they are to another provision it refers to, so the file must show whether this appeal is one of them; it also says nothing about the form of transmission or when transmission counts as complete.
Your judgment
If the excluded cases are said to apply, what in the file would show which category this appeal falls into?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to change the exclusion or the period, or if a court decision explains which appeals fall within the excluded cases and what a complete transmission contains.