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  1. Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) - SI/2002-96 (Section 11)
    Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)

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

      • (a) send a request for transcript and certificate in Form D and a certificate of court reporter in the manner set out in Form E, with such modifications as may be necessary;

    • (5) 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,

      and the appellant shall file with the notice of appeal a request for transcript and certificate in Form D and, within 15 days thereafter a certificate of court reporter in Form E, with such modifications as may be necessary, in relation to any portions of the proceedings in the summary conviction appeal court which the appellant believes are necessary to enable the issues on appeal to be determined.

    • [...]

    • (7) Where a party to an appeal receives a copy of a request for transcript and certificate prepared by another party, the receiving party may

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

      deliver a request for further portions of transcript and certificate in Form F to the applicable court reporter’s office 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 court reporter in Form E, with such modifications as may be necessary, certifying receipt of the request for additional transcript.

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

      • [...]

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

    • [...]

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

      • [...]

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

    • (11) Where the Court concludes that all or any parties to an appeal have not made reasonable efforts to abridge the transcript of the proceedings so that only those portions as may be reasonably necessary to enable the issues on appeal to be determined are filed with the Court, the Court may make any order that it deems appropriate in the circumstances.

    • (12) When the transcript of the proceedings has been prepared as requested, the court reporter shall forthwith forward the original transcript and three copies, together with the original file, to the Registrar and shall make arrangements for the delivery of copies to the parties to the appeal, or their counsel. The Attorney General shall, in the case of a prisoner appeal, be responsible for service of the transcript on the parties to the appeal.


  2. Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) - SI/2002-96 (FORM D)
    Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)

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    • To: Court Reporters’ Office of the Supreme Court of Newfoundland and Labrador — Trial Division (or the Provincial Court of Newfoundland and Labrador, as the case may be) located at (town/city) in the Province of Newfoundland and Labrador.

    [...]

    Pursuant to Rule 11 of the Criminal Appeal Rules, you are hereby requested to prepare a transcript of those portions of the record in the proceeding known as

    [...]

    cause no. as are specified as follows:

    Note: Check only such items as are applicable, and delete such portions of items as are inapplicable.

    • [...]

    • O Submissions as to the proposed content of the judge’s charge to the jury and the judge’s rulings thereon and reasons;

    [...]

    On completion of preparation of the transcript, you are hereby requested to

    • [...]

    • (b) either

      • [...]

      • (ii) forward one copy of the transcript by ordinary mail to each of the appellant(s) and respondent(s) as follows:

        [...]

    [...]


  3. Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) - SI/2002-96 (FORM F)
    Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)

    [...]

    [...]

    • TO: Court Reporters’ Office of the Supreme Court of Newfoundland and Labrador — Trial Division (or the Provincial Court of Newfoundland and Labrador, as the case may be) located at (town/city) in the Province of Newfoundland and Labrador.

    Pursuant to Rule 11(7) of the Criminal Appeal Rules, you are hereby requested to prepare a transcript of additional portions of the record in the proceeding known as

    [...]

    cause no. as follows:

    [...]

    Note: On completion of preparation of these additional portions of the transcript, you are hereby requested to deliver the original and copies to the Court and the parties in the same manner as the other portions of the transcript already requested.

    [...]


  4. Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) - SI/2002-96 (Section 10)
    Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)

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    • (2) Where a party to an appeal or counsel fails to perfect the appeal within a period of 6 months after the filing of the transcript or, where no transcript is filed, within a period of 12 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

      • [...]

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

    • [...]

    • (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 such terms as the Court deems just.

    • (7) The Court shall, 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.


  5. Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) - SI/2002-96 (Section 26)
    Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)

    • 26 (1) On a decision having been filed or deemed filed, an order shall be prepared by the appellant or may be prepared by any party stating the disposition of the appeal as directed by the Court and served on the opposite party. The order shall be approved by the judge who acted as chairperson of the appeal panel, or in the absence of that judge, the next senior judge on the panel, and shall be signed by and filed with the Registrar, who shall then notify all parties of the filing.

    • (2) Any party to an appeal who wishes the order amended to express better the intent of the decision of the Court may apply to the Court, which may correct or otherwise amend the formal order, and the amended order shall then without a change of date, be signed and entered by the Registrar as the formal order disposing of the appeal.


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