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(4) In a prisoner appeal, the Attorney General shall, after receiving a notice of appeal

• (a) forthwith send to the Chief Court Reporter a request for transcript and certificate in Form 82C and a certificate of court reporter in Form 82E, with such modifications as may be necessary;

(5) The transcript shall not include

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• (d) proceedings in the absence of the jury except

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  • (ii) submissions as to the proposed content of the charge and the trial judge’s ruling and reasons,

(6) In an appeal from a summary conviction appeal court, the transcript shall, unless otherwise ordered by the Court, consist of

• (a) the transcript of proceedings in the trial court as it was submitted on appeal to the summary conviction appeal court, and

• (b) only those portions of the transcript of proceedings in the summary conviction appeal court as may be necessary to enable the issues on appeal to be determined.

(7) The appellant shall file with the notice of appeal a request for transcript and certificate in Form 82C and, within 15 days thereafter, a certificate of the Chief Court Reporter or a court reporter in Form 82E, with such modifications as may be necessary, in relation to any portions of the proceedings in the summary conviction appeal court that the appellant believes are necessary to enable the issues on appeal to be determined.

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(9) Where a party to an appeal receives a copy of a request for transcript and certificate prepared by another party, the receiving party may, if the following conditions are met, deliver a request for further portions of transcript and certificate in Form 82D to the Chief Court Reporter or a court reporter and to the other parties to the appeal, file a copy of it with the Registrar, and within 15 days thereafter file with the Registrar a certificate of a court reporter in Form 82E, with such modifications as may be necessary, certifying receipt of the request for additional portions of the transcript :

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• (b) within 15 days after receipt, or within such longer time as the Court may allow.

(10) A party to an appeal may at any time apply to the Court for an order

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• (b) adding such further portions of the transcript of the proceedings as may be determined to be necessary for the determination of the issues on an appeal.

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(12) The parties to an appeal may agree, in writing to be filed in the Court,

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• (b) to submit a joint request for transcript in Form 82C and certificate of court reporter in Form 82E, with such modifications as may be required.

82.01 (1) In this rule, unless the context requires otherwise,

Attorney General

Attorney General means the Attorney General as defined in section 2 of the Code and includes counsel instructed by him or her for the purpose of appeal, and Her Majesty the Queen represented in an appeal by the Attorney General; (procureur général)

Chief Court Reporter

Chief Court Reporter means a person designated as such under the Court Reporters Act R.S.P.E.I. 1988 Cap. S-10.1; (sténographe judiciaire en chef)

Court Reporter

Court Reporter means a person designated as such under the Court Reporters Act R.S.P.E.I. 1988 Cap. S-10.1 or a person designated to record proceedings in the Provincial Court or youth justice court; (sténographe judiciaire)

court transcriber

court transcriber means a person designated as such under the Court Reporters Act R.S.P.E.I. 1988 Cap. S-10.1 or a person designated to transcribe proceedings in the Provincial Court or youth justice court; (transcripteur judiciaire)

judge

judge means a judge of the Court and includes a judge of the Supreme Court of Prince Edward Island, whenever any such judge is sitting ex-officio, as a judge of the Court; (juge)

Registrar

Registrar means the officer of the Court appointed as registrar or as a deputy registrar; (registraire)

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(2) Where a party to an appeal or their counsel fails to perfect the appeal within a period of six months after the filing of the transcript or, where no transcript is filed, within a period of six months after the filing of the notice of appeal, or a party or their counsel otherwise fails to comply with these Rules, the Court, on application of any other party to the appeal or of its own motion, on giving to the parties such notice, if any, as the Registrar is able to effect, or without notice if reasonable notice cannot be effected, may

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• (d) make any other order as may be just.

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(6) No proceedings shall thereafter be taken in any appeal deemed abandoned or struck out under this Rule unless the appeal is reinstated by the Court, which the Court may do on application and on such terms as the Court deems just.

(7) The Court may, on application by a party prior to the date on which the appeal would be deemed to be abandoned, on such terms as the Court deems just, order that the appeal not be deemed abandoned.