When a complaint against a ruling is made, what must the original court do where it finds the complaint well founded, and where it finds it unfounded in whole or part?
General information · Not legal advice
Material to check
We read the complaint itself and the note of the day the original court received it, since the period the provision sets for forwarding runs from that day rather than from the day the finding was made. The file should also hold the ruling challenged, any amended ruling, and the opinion attached to what was forwarded.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading places both duties with the original court on its own finding. Where it finds the complaint well founded, it shall amend the ruling it made; where it finds the complaint unfounded in whole or part, it must forward the complaint itself, with its opinion attached, to the complaint court within the period the provision sets from the day it received the complaint.
Another reading notes what the second branch reaches and what it leaves open. It covers a complaint unfounded in part as well as wholly, so the complaint and the opinion reach the complaint court on any ground that failed, while the provision says nothing about how the complaint court treats what is forwarded, or what an amended ruling must contain.
Your judgment
Where a complaint succeeds on one ground and fails on another, what must the amended ruling change, and what must the opinion say about the ground that failed?
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 period for forwarding or to state what an amended ruling must contain, or if a complaint court decision explains what the opinion must cover.