82.10 (1) Subject to subsections (2) to (6), all documents, exhibits and things connected with a trial shall be retained by the trial judge or by the clerk of the trial court for ninety (90) days after sentence or acquittal, as the case may be.
(2) At any time after a trial, the trial judge or another judge may make such order as to the custody or conditional release of any document, exhibit or thing as the special circumstances of the case may require.
(3) Upon the filing of written consents by the accused or his or her counsel, and by the Attorney General or his or her counsel, the trial judge or the clerk of the trial court shall deliver any document, exhibit or thing in accordance with such consents.
(4) Upon receipt of a copy of a notice of appeal, the trial judge or the clerk of the trial court shall forward to the registrar all documents, exhibits and things connected with the proceedings at the trial, other than such as may already have been released pursuant to subsections (2) and (3).
(5) Upon the expiry of the period referred to in subsection (1) and if no appeal is filed or, when an appeal is abandoned, the registrar shall return the exhibits to the clerk of the trial court.
(6) Nothing in this rule affects the provisions of any Act relating to exhibits or things seized or forfeited.
82.11 (1) Subject to subsection (3), the appellant shall prepare an appeal book which shall contain, where applicable, in the following order:
(a) an index;
(b) a copy of the notice of appeal and notice of cross-appeal;
(c) a copy of any order respecting the conduct of the appeal;
(d) a copy of the information or indictment;
(e) a copy of any decision or order of the trial court that is the subject of the appeal or related to it and which is not included in the transcript;
(f) a copy of any agreed statement of facts entered at the trial or agreed to under this Rule;
(g) any agreement to limit the contents of the transcript or the appeal book;
(h) a list of all exhibits;
(i) a copy of each documentary exhibit or electronic information entered into evidence, indexed and numbered as at the trial, including affidavits and written admissions; and
(j) any other item that was before the trial court which the appellant deems necessary for the appeal.
(2) In the case of an appeal against sentence, in addition to the items mentioned in subsection (1) there shall be filed
(a) a copy of any pre-sentence report and victim impact statement;
(b) a copy of any restitution, probation or conditional sentence order or any other order that is the subject of the appeal;
(c) a copy of the offender’s criminal record if one is entered at the trial;
(d) any medical or psychiatric reports filed at the time of sentence; and
(e) a copy of any exhibits entered at the sentencing and not at the trial.
(3) Where the appeal is a prisoner appeal, the Attorney General shall, unless otherwise ordered by the Court, prepare the appeal book required under this section and shall forward a copy of it to the appellant free of charge.
(4) The respondent may file an appeal book.
(5) The parties to an appeal may agree in writing to omit from the appeal book anything the parties consider unnecessary to an appeal.
(6) A judge may order that a party may omit anything from an appeal book.
(7) The Registrar may refuse to accept an appeal book that does not comply with these Rules or that is not legible.
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