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Which rulings may be taken to the Supreme Court by immediate appeal, and on what ground alone may that appeal be brought?

General information · Not legal advice

Material to check

For this exercise we read the challenged ruling to see which court issued it, and the immediate appeal papers to see which constitutional or legislative rule is said to have been broken and how the breach bears on the trial.

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

Where readings differ

One reading keeps every condition together: an immediate appeal to the Supreme Court lies only against a ruling of an appellate court or a high court, only on the ground that a provision of the Constitution, a statute, a decree or a rule was violated, and only where that violation affected the trial.

Another reading stresses the words 'only where', so that a ruling covered by the provision still cannot be appealed if the alleged defect is not one touching the Constitution, laws, decrees or rules, and the provision leaves undecided how closely the breach must bear on the trial before it 'affected the trial'.

Your judgment

When an appellate court or high court issues a ruling, what in the papers would show that the alleged violation in fact affected the trial?

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 widen or narrow the courts or grounds it covers, or if a Supreme Court decision explains how far a violation must have affected the trial before it 'affected the trial'.

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