When a first-instance provisional execution judgment has been executed and a second-instance provisional execution judgment follows, what does that earlier execution count as?
General information · Not legal advice
Material to check
In a practice file of this kind, we read the first-instance judgment allowing provisional execution, the execution records showing what was actually carried out and when, and the second-instance judgment allowing provisional execution with the amount it sets, since each bears on a condition the provision attaches.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the whole chain of conditions: once the first-instance provisional execution judgment has been executed, and a second-instance provisional execution judgment then exists, the execution of the first-instance judgment is deemed an execution of the second-instance judgment, and only within the limit of the amount the second-instance judgment sets.
Another reading marks the boundary the text draws: the deeming is tied to the first-instance execution having been carried out before the second-instance provisional execution judgment exists, so executions of the first-instance judgment begun only afterwards fall outside what this provision converts, and nothing beyond the second-instance amount is deemed executed under the second-instance judgment.
Your judgment
If the first-instance execution was carried out only in part, what in the record could show how much of it falls within the second-instance amount?
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 reach executions begun after the second-instance judgment, or if a court decision clarifies what the second-instance amount is measured against.