Date, place and notice of motion
63.06 (1) The date for the motion in the notice of summary conviction appeal may not be more than twenty-five days after the day on which the notice is filed.
(2) The motion must be heard at the courthouse in which the notice is filed, unless the prothonotary or a judge permits the appellant to make the motion at another place or in another way provided for in Part 6 — Motions.
(3) Notice must be given to a respondent who is not the Crown in accordance with the provisions for giving notice of a proceeding to a party in Rule 31 — Notice.
(4) Notice must be given to the Crown by delivering a copy of the notice of summary conviction appeal to the office of the person who represented the Crown in the proceeding under appeal.
63.07 A respondent who wishes to participate in an appeal must file a designation of address for delivery under Rule 31 — Notice, and provide to the prothonotary further information by which the respondent may be contacted, such as a telephone number, e-mail address, or fax number.
Date and directions for appeal
63.08 A judge hearing a motion for directions and to set a time, date, and place for hearing an appeal may do any of the following:
(a) set the time, date, and place;
(b) designate the respondent’s address for delivery, if the respondent has failed to do so;
(c) set dates for filing the appeal book, the appellant’s brief, the respondent’s brief and any appellant’s reply brief;
(d) give other directions.
Dismissal for failure to file or deliver
63.09 A judge may dismiss the appeal of an appellant who fails to file within a directed time, or to immediately deliver to the respondent, an appeal book, brief, or other directed document.
Conduct of appeal
- Date modified: