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Rule 91 — Criminal Appeal

Version of section 91.15 from 2009-01-21 to 2018-06-18:

  •  (1) An appeal book must be in the same format as an appeal book under Rule 90.30(3).

  • (2) The appeal book must, except for the modifications in Rule 91.15(3) applicable to a sentence appeal, contain each of the following, unless the parties agree or a judge orders otherwise:

    • (a) Part 1 - Documents:

      • (i) a table of contents referring to each document and the page number at which it begins,

      • (ii) a copy of the notice of appeal and of any notice of cross-appeal,

      • (iii)  a copy of the information, indictment, or other document by which the proceeding under appeal was started,

      • (iv) a copy of the decision under appeal,

      • (v) a copy of the order or other instrument giving effect to the determination under appeal,

      • (vi) a reference sheet containing the heading of the proceeding under appeal, the court or registry number, the name of the judge who made the judgment, the date of the trial or hearing, and the date of the judgment;

    • (b) Part 2 - Evidence and Related Materials:

      • (i) an index of witnesses describing each witness, including the name of the witness, the party who called the witness, and the page reference in the appeal book where the direct examination, cross-examination, or redirect examination begins,

      • (ii) a list of all exhibits,

      • (iii) a copy of the transcript of everything said in the course of the proceedings under appeal, including all of the following:

        • (A) a headline on each page stating the name of the witness and whether it is direct examination, cross-examination, or redirect examination,

        • (B) unless the individual lines of the transcript are numbered, the questions must be numbered consecutively, and each question to be preceded by the letter “Q” and each answer by the letter “A”,

        • (C) a copy of the transcript of submissions made,

      • (iv) a copy of each documentary exhibit or electronic information admitted into evidence, indexed and numbered as at the trial, including any statement of facts, affidavits and written admissions,

      • (v) a copy of an agreement to limit the contents of the transcript or appeal book,

      • (vi) a copy of an agreed statement of facts in substitution for omitted parts of a transcript or appeal book,

      • (vii) a copy of any charge to the jury, certified by the trial judge to be accurate.

  • (3) Rule 91.15(2) applies on a sentence appeal with all of the following modifications:

    • (a) the appeal book need not include exhibits entered at a trial but must include exhibits entered at the sentencing;

    • (b) the appeal book need not include the transcript of the evidence of trial if only the sentence is appealed;

    • (c) the appeal book must include

      • (i) a presentence report that was before the sentencing judge,

      • (ii) a statement of the accused’s criminal record that was before the sentencing judge if the accused has a record,

      • (iii) a copy of each order related to the sentence, such as a discharge, probation order, order for a conditional sentence, or warrant of committal.

  • (4) An appellant, other than an appellant in a prisoner appeal, must file five copies of an appeal book and deliver a copy to the respondent, in accordance with the directions given by a judge of the Court of Appeal under Rule 91.12.

  • (5) In a prisoner appeal, the Attorney General must file five copies of an appeal book, in accordance with the directions given by a judge of the Court of Appeal under Rule 91.12, that conforms with one of the following and deliver a copy to the institution where the appellant is imprisoned:

    • (a) Rule 91.15(2), in an appeal that is not only from sentence;

    • (b) Rule 91.15(2) as modified by Rule 91.15(3), in an appeal only from sentence.

  • (6) When a document in a prisoner appeal is delivered to the institution in which the appellant is imprisoned, the senior official of the institution must immediately deliver it to the appellant.

  • (7) An appellant, or in the case of a prisoner appeal the Attorney General, must file an electronic copy of the transcript in a format satisfactory to the registrar, in addition to filing paper copies, unless the registrar or a judge of the Court of Appeal orders otherwise.

  • (8) An appeal book may not be filed by fax.

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