When a party disagrees with a ruling made by a judge commissioned by the court to perform a particular act or by an entrusted judge, to which court can that party apply, and when is the application allowed at all?
General information · Not legal advice
Material to check
In the practice file for this exercise, we read the ruling itself to see who made it and in what capacity, the name of the court hearing the case, and the written application of objection a party has filed. We also read any papers showing whether the ruling could be taken to a higher court on its own, since the proviso turns on that point.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision as written under the Civil Procedure Act: a party dissatisfied with a ruling of a judge commissioned by the court to perform a particular act or of an entrusted judge may apply to the court hearing the case, but only where that ruling is the ruling of that court itself and is one that may be appealed.
Another reading stresses the proviso as the limit: the provision allows the objection only where the ruling is that of the court hearing the case and is appealable, and it does not settle which rulings meet that description, so the file has to show what kind of ruling was made.
Your judgment
If the ruling was signed by a single judge, what in the record would show that it was the ruling of the court hearing the case rather than that judge's own act?
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 which rulings an objection may be made against, or if a court decision explains when a ruling counts as one that may be appealed.