This appendix gives, word for word in PRO SE's English, the sixteen records the paper read, in the order of the case list. Each is a synthetic record, offered by PRO SE as general information and not as legal advice; none is a real case. The reference date PRO SE gives the library dates no case and confirms no current law.
A disputed withdrawal
PRO SE question timing-withdrawal-after-judgment, a synthetic record in the Timing section, at https://pro-se.risconlabs.com/library/timing-withdrawal-after-judgment?lang=en.
If a withdrawal of the suit after the final judgment is disputed, what happens to the period for appeal?
In these practice materials, a payment dispute between a debtor company and a supplier is used, and the withdrawal filed after the final judgment is examined together with the application contesting its effect.
One interpretation holds that the original period for appeal keeps running while the dispute continues, and that once the judgment declaring the withdrawal invalid becomes final, the whole period runs anew from the following day.
Another interpretation holds that the original judgment can hardly be treated as final before the judgment declaring the withdrawal invalid becomes final, so finality is judged from the new starting point after the dispute is resolved.
Should the original judgment be treated as final on the record as it stands before the dispute over the withdrawal is resolved?
The matter is looked at again if the judgment declaring the withdrawal invalid becomes final, or the record of later procedural acts changes.
Enforcement pending appeal
PRO SE question timing-provisional-execution-appeal, a synthetic record in the Timing section, at https://pro-se.risconlabs.com/library/timing-provisional-execution-appeal?lang=en.
If a judgment declared provisionally enforceable is appealed, does enforcement stop at once?
In these practice materials, the judgment declared provisionally enforceable, the record of the appeal, and the records of any application for a stay and of security are examined together.
One interpretation holds that if the appellant applies for a stay and makes a prima facie showing of the requirements, a way opens to halt enforcement.
Another interpretation holds that even when the requirements are shown, a stay is only something the court may order, so the conditions of security and any cancellation of measures already taken must be examined separately.
How is it decided whether an application for a stay is needed apart from filing the appeal?
The matter is looked at again if the ruling on the stay application or the conditions of security change, or new supporting material appears.
Part of a judgment
PRO SE question timing-partial-finality, a synthetic record in the Timing section, at https://pro-se.risconlabs.com/library/timing-partial-finality?lang=en.
If only part of a judgment is appealed, does the rest become final?
In these practice materials, the several claims decided in the judgment and the scope disputed on appeal are examined together, along with where the case record is and how far argument has gone.
One interpretation holds that the parts not appealed may be treated as final and made the subject of a certificate of finality.
Another interpretation holds that while a cross appeal is still possible, the scope of finality is hard to fix with certainty.
While a cross appeal is still possible, how far should the final part be taken to extend?
The matter is looked at again if the case record moves to the higher court or circumstances change before or after argument closes.
Interrupted after judgment
PRO SE question timing-interruption-after-judgment, a synthetic record in the Timing section, at https://pro-se.risconlabs.com/library/timing-interruption-after-judgment?lang=en.
If proceedings are interrupted after the judgment has been served, what happens to the period for appeal?
In these practice materials, records are checked that show when the judgment was served, when the ground for interruption arose, and when the application to take over, the notice and the resumption of proceedings took place.
One interpretation holds that, focusing on cases where a successor takes over the proceedings, the full period runs anew from the notice that the proceedings were taken over.
Another interpretation holds that the time the court resumes the proceedings is the starting point, and the full period runs anew from then.
From what point does the full period run anew?
The matter is looked at again if the notice of the takeover or the time proceedings resumed comes to light.
An approved plan
PRO SE question timing-rehab-confirmation-appeal, a synthetic record in the Timing section, at https://pro-se.risconlabs.com/library/timing-rehab-confirmation-appeal?lang=en.
When does a decision approving a rehabilitation plan take effect, and what does an appeal stop?
In these practice materials, the approval stage of a rehabilitation proceeding involving the debtor company and its suppliers is reviewed by reading the announced decision together with the public notice. The voting method, whether documents were served, and the appeal records are checked as well.
One interpretation holds that the plan takes effect as soon as the approval decision is made and that its performance continues as a rule even if an appeal is filed.
Another interpretation holds that, apart from when the approval takes effect, it must be checked separately whether the court ordered performance stopped because of an appeal.
Which point, the announcement of the decision, the public notice, or the appeal period, governs when the plan takes effect and whether its performance is stayed?
The matter is looked at again if the date the public notice takes effect, a decision on the appeal, or the content of an order staying performance is newly confirmed.
Appeal or objection
PRO SE question timing-execution-appeal-vs-objection, a synthetic record in the Timing section, at https://pro-se.risconlabs.com/library/timing-execution-appeal-vs-objection?lang=en.
When challenging a ruling of the execution court, how do an immediate appeal and an objection differ?
In these practice materials, the rulings and measures taken in execution involving the debtor company and a supplier, how they were notified and how execution went on afterwards are checked.
One interpretation holds that even after an immediate appeal or an objection is filed, execution goes on unless a stay order or an interim measure is made.
Another interpretation holds that a ruling that takes effect only once final, such as a ruling cancelling execution steps, becomes final later when an immediate appeal is filed, so the cancellation also takes effect later.
Depending on which route of challenge applies, how do whether execution halts and when a ruling takes effect differ?
The matter is looked at again if how the ruling was notified or whether a later ruling has become final changes.
A re-appeal
PRO SE question timing-reappeal-period, a synthetic record in the Timing section, at https://pro-se.risconlabs.com/library/timing-reappeal-period?lang=en.
By when must a re-appeal against a ruling of the appellate court be filed?
In these practice materials, whether the ruling under challenge is a decision or an order, how it was made known, and the dates in the record are checked.
One interpretation holds that if the ruling under challenge is a decision or order open to an immediate appeal, the time for a re-appeal should also be read narrowly, counting from notice.
Another interpretation holds that because the starting point and the records to check depend on the branch of procedure the cross reference leads to, the nature of the ruling must be settled first.
Which should be settled first, the nature of the ruling under challenge or the branch of procedure to which the cross reference leads?
The matter is looked at again if further provisions reached by the cross reference are identified or if the facts about notice and service of the ruling change.
The respondent's turn
PRO SE question timing-respondent-final-appeal, a synthetic record in the Timing section, at https://pro-se.risconlabs.com/library/timing-respondent-final-appeal?lang=en.
When does the respondent to a final appeal file an answer, and when may it file a cross appeal?
In these practice materials, how the copy of the statement of grounds was served on the other side and when the answer was filed are examined together. Whether and when a cross appeal was filed is also checked in the case record.
One interpretation holds that even after the exchange of answers is over, a cross appeal may be filed until the closing point under the provisions applied by analogy.
Another interpretation holds that because a court of final appeal may sit without oral argument, that closing point cannot simply be carried over, so a separate standard tied to the exchange of answers is needed.
In a court of final appeal that may decide without oral argument, what marks the last point for a cross appeal?
The matter is looked at again if whether oral argument will be held or whether a date is set to hear persons for reference changes.
Two notices
PRO SE question timing-final-appeal-two-periods, a synthetic record in the Timing section, at https://pro-se.risconlabs.com/library/timing-final-appeal-two-periods?lang=en.
After a final appeal is filed, how do the notice that the case record was received and the time for the statement of grounds differ?
In these practice materials, what the petition for final appeal says and the service record of the notice that the case record was received are examined together.
One interpretation holds that the whole sequence from filing the petition through sending the record to the notice of receipt is treated as one block when the period is assessed.
One view holds that the time for the statement of grounds is counted separately, starting from the day the notice that the case record was received was served.
Before it is known when the notice was received, how is it decided whether the statement of grounds was filed in time?
The matter is looked at again if the service record or the material on when the notice was given changes.
Skipping a level
PRO SE question timing-leap-appeal-agreement, a synthetic record in the Timing section, at https://pro-se.risconlabs.com/library/timing-leap-appeal-agreement?lang=en.
After the parties agree to skip the intermediate appeal, when does the time for a final appeal start to run?
In these practice materials, the final judgment, the service records, and whether and when a written agreement not to take an intermediate appeal was made are checked.
One interpretation holds that once the written agreement is made, a final appeal lies directly against that final judgment, so the time for it is counted from that judgment.
Another interpretation holds that the rule on the time for an intermediate appeal does not itself set the time for a final appeal, so the starting point and whether the period is peremptory must be looked at separately.
What must be asked first before a written agreement of this kind is given effect?
The matter is looked at again if the date the written agreement was made or the service records change.
Withdrawal or waiver
PRO SE question timing-appeal-withdraw-or-waive, a synthetic record in the Timing section, at https://pro-se.risconlabs.com/library/timing-appeal-withdraw-or-waive?lang=en.
How do withdrawal of an appeal and waiver of the right to appeal differ in when the judgment becomes final?
In these practice materials, whether a notice of appeal was received, where the record was, and when a withdrawal or waiver was filed and whether it was served are checked.
One interpretation holds that withdrawing an appeal already filed ends the dispute in progress and the judgment becomes final.
One interpretation holds that waiving the right to appeal extinguishes the right itself, whether or not an appeal was filed, and the judgment becomes final.
Which of the withdrawal and the waiver was filed, and when, and in which court was the record at the time?
If the location of the record changes or a new withdrawal or waiver is filed, everything is checked again from the start.
An order to correct
PRO SE question timing-appeal-cure-order, a synthetic record in the Timing section, at https://pro-se.risconlabs.com/library/timing-appeal-cure-order?lang=en.
Does the period set in the order to correct extend the time limit for appeal?
In these practice materials, the service of the judgment, the filing of the notice of appeal, the content of the order to correct and the steps taken to correct the defect are examined together.
One interpretation holds that if the defect is corrected within the period set for correction, the notice of appeal is not dismissed even if that period ends after the time for appeal.
Another interpretation holds that the period for correcting the defect and the time for appeal run separately, so the time for appeal is judged apart from the order to correct.
By reference to what point in time is it decided whether the notice of appeal escapes dismissal?
The matter is looked at again if the filing dates around the order to correct or the date the judgment was served change.
A cross appeal
PRO SE question timing-cross-appeal, a synthetic record in the Timing section, at https://pro-se.risconlabs.com/library/timing-cross-appeal?lang=en.
In what cases can a cross appeal be filed even after the appeal period has passed?
To decide this question, materials are needed that show when each party filed its papers challenging the judgment and whether the main appeal remains.
One interpretation holds that a cross appeal depends on the main appeal, so it loses effect if the main appeal is withdrawn or dismissed as unlawful.
One interpretation holds that a cross appeal filed within the appeal period is treated as an independent appeal and stands regardless of what happens to the main appeal.
Looking together at when the cross appeal was filed and what became of the main appeal, why does its status differ?
The matter is looked at again if whether the main appeal was withdrawn or dismissed changes, or if more records on when the cross appeal was filed are confirmed.
Two statements of grounds
PRO SE question timing-appeal-vs-final-briefs, a synthetic record in the Timing section, at https://pro-se.risconlabs.com/library/timing-appeal-vs-final-briefs?lang=en.
Are the periods for filing the statement of grounds of appeal and of final appeal treated alike?
In these practice materials, the date the notice was received, whether a statement of grounds was filed, and the contents of the notices of appeal and final appeal are looked at together.
One interpretation holds that the period for the statement of grounds on appeal is a flexible period that allows extension and must be distinguished from the period on final appeal.
One interpretation holds that both periods share the purpose of requiring a statement of grounds, and that the difference in outcomes comes from the structure of the levels of court.
To tell apart how the case ends when no statement of grounds is filed and the exceptions, what should be looked at first?
The matter is looked at again if the date of notice, an extension decision or the understanding of what the court must examine of its own motion differs.
The grounds of appeal
PRO SE question timing-appeal-brief-40-days, a synthetic record in the Timing section, at https://pro-se.risconlabs.com/library/timing-appeal-brief-40-days?lang=en.
After notice that the appeal record was received, by when must the statement of grounds of appeal be filed?
To decide this question, materials are needed showing when the notice of receipt of the appeal record was received and when the statement of grounds was filed.
One view holds that the period for filing the statement of grounds runs from receipt of the notice that the appeal record was received.
One view holds that where the appeal was filed before the judgment was served, service of the judgment affects the start of the filing period through the sending of the record and the notice.
Should the filing period start from receipt of the notice or from service of the judgment?
The matter is looked at again when computing the period becomes an issue after an extension was allowed.
The court's delay
PRO SE question timing-court-side-periods, a synthetic record in the Timing section, at https://pro-se.risconlabs.com/library/timing-court-side-periods?lang=en.
If service by the court is delayed, is a party's appeal period delayed along with it?
In practice materials of this kind, one needs material confirming when the certified copy of the judgment was served and when the notice of appeal was filed.
One interpretation holds that if the court's sending or notice is delayed, the party's period moves by the same amount.
Another interpretation holds that the court's handling periods and the periods a party must observe start from different points, so each is judged separately.
When do the actual service and the notice each take place?
We look again if a record showing the time of service or a notice of receipt of the case record is newly confirmed.