When an appeal is brought under this Act, which court receives the notice of appeal, and what must that court do with the case papers next?
General information · Not legal advice
Material to check
In practice material of this kind we read the notice of appeal itself and note the stamp showing which court received it, then the record sent up to the appeal court and the opinion attached by the receiving court, to see whether both papers match what the provision requires.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading follows the route the provision sets step by step: the notice of appeal for an appeal under this Act shall be submitted to the court that decided the case below, and the court that has received it must, within the period the provision sets, send the record to the appeal court with its opinion attached.
Another reading notes that the provision sets a period only for the court that received the notice to send the record and its opinion up to the appeal court, and it sets no period for filing the notice itself, so it leaves open what follows if the record goes up late or without the opinion.
Your judgment
If the record reaches the appeal court without an opinion attached, what in the file could show why the receiving court left it out?
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 which court receives the notice of appeal or the period for sending the record, or if a court decision explains the effect of sending the record late or without the opinion.