After an appeal is filed in a military case, when does the original military court have to send the case record and evidence to the High Court?
General information · Not legal advice
Material to check
For this exercise, the papers to read are the notice of appeal with the date the original military court received it, since that date starts the period the provision sets, the list of case record and evidence sent, and the despatch papers showing when they reached the High Court.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the duty at face value: once the original military court has received the notice of appeal, it must send the case record and the evidence to the High Court within the period the provision sets, counting from the day of receipt.
Another reading turns on the exception: where the case falls within the situation the related provision covers, the record and evidence are not sent to the High Court under this rule, so the file must show which situation actually arose.
Your judgment
If the court stamp on the notice of appeal shows a different day of receipt than the file's cover sheet, which date starts the period?
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, its starting point or the exception, or if a court decision explains what counts as receiving the notice of appeal.