In an annulment action, from which day does the filing period run, and when does it run instead from service of the certified copy of the re-decision?
General information · Not legal advice
Material to check
The practice file for this exercise should hold the disposition or equivalent act itself, any paper showing the day it became known to the party, the administrative appeal as filed, and the certified copy of the re-decision with the date it was received, since the provision keys the period to that service.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the proviso whole: ordinarily the period runs from the day the disposition or equivalent act was known, but where an administrative appeal was filed in one of the three situations the provision names, the period runs instead from the day the certified copy of the re-decision was received.
Another reading stresses that the ordinary start turns only on when the party knew of the act, not on whether an appeal was available or wrongly said to be available, so without an appeal actually filed the period still runs from the day of knowledge.
Your judgment
Where the day the party knew of the disposition is disputed, what in the file could show that day convincingly to the court?
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 period, its starting point or the proviso, or if a court decision explains when an agency is treated as having wrongly told a party that an administrative appeal was available.