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KSTGeneral information, not legal advice
Synthetic · simulationNot a real case

Which ruling does an immediate appeal under this provision reach, and who is entitled to bring it?

General information · Not legal advice

Material to check

In a practice file we read the application the court received, to see that it is one of the applications this provision lists, then the court's ruling on that application, and the paper by which the immediate appeal was lodged, which shows who filed it and against which decision.

These are types of material to look for, not evidence already verified by PRO SE.

Where readings differ

One reading follows the two paragraphs as a chain: when an application of the kind the provision lists is made, the court must make a ruling on it, and it is against that ruling, and only against that ruling, that an immediate appeal may be taken.

Another reading notes what the provision does not say: it states that an immediate appeal may be taken, without naming who may take it, so whether the party who made the application can appeal it, and against whom, is left open on the face of this provision.

Your judgment

If the ruling went partly against the party who made the application, does that party still hold a right of immediate appeal under this provision?

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 name who may bring the immediate appeal, or if a court decision decides whether the applicant may appeal a ruling that rejects or partly rejects the application.

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