Where a request for summary trial has been made, what must the judge do without delay, and which single situation falls outside that duty?
General information · Not legal advice
Material to check
For this exercise we read the request for summary trial to see that it was made and when the court received it, then the judgment the judge rendered and its date, and any paper showing why the case fell within the situation the provision excludes.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading gives the duty full reach: where a request for summary trial has been made, the judge must render the judgment immediately, and the only situation removed from that duty is the single case the provision excludes, namely the case described in the earlier provision of the Summary Trial Procedure Act it points to. Any other request carries the duty untouched.
Another reading notes what this provision leaves out: the content of that one excluded case sits in another provision of the Act, not in this one, and the word "immediately" fixes no span of time, so the file has to show both which situation arose and when the judgment was in fact rendered.
Your judgment
If the judgment did not follow at once, what in the record shows the case fell within the single excluded situation rather than the duty being left undone?
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 exception or the immediacy duty, or if a court decision explains what "immediately" requires or what the excluded situation covers.