Which court must deal with an objection first, and when does it have to dismiss that objection by a ruling rather than pass it on?
General information · Not legal advice
Material to check
For this exercise, the practice file would hold the decision the objection attacks, so the court that rendered it can be identified as the court below, and the notice of objection as filed, with its receipt stamp. A proof of service of that decision matters, because whether the objection was lodged after the right to object had lapsed is one of the matters the provision turns on.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the duty as mandatory and narrow: where an objection plainly offends the legally prescribed form, or plainly came after the right to object had lapsed, the court below shall dismiss it by a ruling, and that ruling is itself open to an immediate objection.
Another reading rests on the word 'plainly': the duty to dismiss arises only where the defect or the lapse is obvious, so a doubtful case is not one the court below may dismiss under this provision, and the Act leaves open what the legally prescribed form requires in each kind of objection.
Your judgment
If a form defect is arguable rather than obvious, what in the papers would show which side of that line the objection falls on?
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 who must dismiss an objection or to alter the 'plainly' threshold, or if a court decision defines what the legally prescribed form requires for a given objection.