Form of Appeal Book and Factum

  •  (1) An appeal book shall be printed double-spaced on one side of letter size paper with the printed pages to the left and with each page numbered at the upper left corner. Printing includes reproduction of copies by typing, offsetting, mimeographing, photocopying or any other process. The cover of the appeal book shall be grey and each volume shall have marked on it its volume number and a reference to index page numbers contained in it.

  • (2) A factum shall be double-spaced on one side of the paper only with printed pages to the left. All pages shall be numbered consecutively. All paragraphs in a factum shall be numbered consecutively throughout the factum. The covers of an appellant’s factum shall be coloured buff or yellow, and the covers of the respondent’s factum, including the factum of a cross-appellant, shall be coloured blue.

PERFECTING APPEALS

  •  (1) Subject to Rule 17(2), within 60 days after being notified that the evidence has been transcribed, or if no evidence is to be transcribed, within 60 days after the filing of the notice of appeal, an appellant shall

    • (a) serve on each party

      • (i) a copy of the appeal book, and

      • (ii) a copy of the appellant’s factum, if one is required; and

    • (b) file with the Registrar

      • (i) proof of service of the notice of appeal,

      • (ii) four copies of the appeal book,

      • (iii) the original and three copies of the appellant’s factum, if one is required, and

      • (iv) written confirmation that the appeal book and, if required, a factum have been forwarded to the respondent.

  • (2) Where the appellant is a convicted person not represented by counsel, within the time prescribed by Rule 17(1)

    • (a) the Attorney General shall file with the Registrar four copies of the appeal book;

    • (b) if the appellant files a factum, the appellant shall file with the Registrar the original and four copies of the appellant’s factum; and

    • (c) the Registrar shall forward to the respondent a copy of the appellant’s factum, if any.

  • (3) Within 30 days after receipt of the appellant’s factum, the respondent shall

    • (a) file with the Registrar the original and three copies of the respondent’s factum, if one is required; and

    • (b) serve on each party a copy of the respondent’s factum, if one is required.

  • (4) When Rule 17(1) or (2) is complied with, then, on the expiration of 30 days or on the filing of a factum by every respondent, and intervenor if any, entitled to do so, whichever shall first occur, either the appellant or a respondent may file an application to set a date for a hearing, the filing of which shall perfect the appeal.

APPEAL PROCESS

Hearing of Appeals

  •  (1) The Court may on application by any party after perfection of the appeal or at any time of its own motion, whether the appeal is perfected or not, set a time for the hearing of any appeal. If the appeal has not been perfected, the Court may direct which materials may be filed and when they may be filed.

  • (2) A perfected cross-appeal may, with leave of the Court, be set down for hearing even though the main appeal has not been perfected.