Within what period must this action be brought, and from which event is that period counted?
General information · Not legal advice
Material to check
In the practice file we read the certified copy of the judgment that established the claim, its record of the date it was pronounced, and the papers showing when the plaintiff learned of that judgment. Where one of the grounds the provision lists is relied on, we also read what shows when the plaintiff learned of that ground.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the three conditions together: the action must be brought within the period the provision sets, that period is fixed and cannot be altered, and it is counted from the day the plaintiff learned that the judgment establishing the claim had been made.
Another reading works through the proviso: where the action is brought on one of the grounds the provision lists, the period runs instead from the day the plaintiff learned that such a ground existed, so the file may show two different knowledge dates and the provision does not say how to prove either.
Your judgment
If the plaintiff learned of the judgment long before the listed ground emerged, what in the file could fix the date from which the period runs?
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 event or the grounds named in the proviso, or if a court decision sets what shows that the plaintiff knew.