In an interlocutory appeal, which court corrects the ruling, and on what finding of its own?
General information · Not legal advice
Material to check
In the practice file of this kind, we read the paper by which the appeal was lodged and the court it was lodged with, the certified copy of the ruling under challenge, and the materials showing that this ruling is one open to interlocutory appeal rather than a final judgment.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the actor strictly: it is the court whose ruling is challenged, described as the court below, that acts, and it acts only where that court itself finds the appeal to have just cause, and then it must correct its ruling.
Another reading looks at the reach of the correction: the duty to correct attaches to that ruling, the ruling the appeal was directed at, so papers the appeal never touched are not within what this provision puts before the court below.
Your judgment
If the court below corrects only part of its ruling, what in the record shows which parts were before it under the appeal?
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 court corrects the ruling or the finding required, or if a court decision explains how far a correction under this provision may reach beyond the points raised in the appeal.