Once the declaration has been pronounced, may the claims investigation date be changed or the investigation postponed without public notice or service of the papers?
General information · Not legal advice
Material to check
In a practice file of this kind, we read the court's record of the declaration and the date it was pronounced, the paper asking for a change of the claims investigation date or its postponement, and any public notice issued and proof of service, because the exception in the provision turns on whether the declaration has already been pronounced.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading treats the other provision as governing in full: it is applied by reference to the change of the claims investigation date and to the postponement and continuation of the investigation, and once the declaration has been pronounced the court 'need not' publish notice or serve the papers, so the step is not tied to any notice period after that point.
Another reading notes that the exception is permissive, 'shall not do so' being allowed rather than forbidden, so the court may still publish and serve; and because the periods and steps are supplied only by reference, this provision itself fixes no period for applying for a change and no consequence for a step taken without notice.
Your judgment
If a creditor learned of the change only after the investigation date had passed, what in the file could show whether the absence of notice or service affected that creditor's position?
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 make notice and service mandatory, or prohibited, after the declaration, or if a court decision construes the periods the applied-by-reference provision sets for a change or postponement.