From what event does the period for pronouncing a final judgment run, and does that event differ between the first instance and the appellate or cassation courts?
General information · Not legal advice
Material to check
In a practice file we read the stamp showing the date the complaint was filed, which starts the period at first instance, and the record showing the date the appellate or cassation court received the record, which starts it there.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision's two triggers at face value: a final judgment is pronounced within the period the provision sets from the date the suit was filed, and where the case is at appellate or cassation level, that period runs instead from the date the court received the record.
Another reading notes that the proviso measures from the date the appellate or cassation court itself received the record, so papers made earlier, such as the first-instance court sending the record, do not start the clock, and the provision states no consequence if the period lapses.
Your judgment
If the parties cannot agree on the date the appellate or cassation court received the record, what in the file would fix that date?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to change the length of the period or the event it runs from, or if a court decision explains what follows when the period lapses.