Under the provision on when a judgment becomes final, what keeps a judgment from becoming final, and what is left standing once those obstacles are gone?
General information · Not legal advice
Material to check
In a practice file we read the judgment itself, the papers showing on what event and from when the period for lodging an appeal runs, and the notice of appeal with the court's filing stamp, which shows whether an appeal was lodged within that period and whether it was a lawful one.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision as two barriers to finality set by the Civil Procedure Act: a judgment does not become final while the period for lodging an appeal is still running, and it does not become final where a lawful appeal has been lodged within that period.
Another reading notes that the provision holds back finality only for an appeal it calls lawful and lodged within the period, so an appeal failing either condition does not stop finality, while the provision leaves open when finality follows a lawful appeal once it has been decided.
Your judgment
If a lawful appeal was lodged within the period and has now been decided, what in the file would show the date on which the judgment became final?
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 state when finality follows the conclusion of a lawful appeal, or if a court decision explains what makes an appeal lawful for this purpose.