When a person seeks restoration of the right to appeal, which court must receive the application, in what form, and what must accompany it at the same time?
General information · Not legal advice
Material to check
In the practice file we read the copy of the judgment, to see which court gave the judgment under challenge, since that court is where the application is submitted; we read the papers showing when the ground for the missed period was removed, and the notice of appeal bearing its filing stamp on or with the written application.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading follows the provision's own route: the application must be made in writing and submitted to the court of the original judgment, within a period corresponding to the period for lodging an appeal, counted from the day the ground under the preceding provision was removed, and the applicant must lodge the appeal at the same time as making that application.
Another reading marks the limit of what this provision reaches: it addresses only a person who also lodges an appeal at once, so a request seeking restoration alone, or a request where the day the ground was removed cannot be placed inside the corresponding period, falls outside the route the provision sets.
Your judgment
If the file does not fix the day the ground was removed, what evidence could show whether the application was filed within the corresponding period?
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 court to which the application is submitted, the form it takes, or the requirement that the appeal be lodged at the same time.