New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal

Marginal note:Respondent’s Submission

• 63.16 (1) Subject to paragraph (5), each respondent shall prepare a Respondent’s Submission.

• (2) A Respondent’s Submission shall consist of 4 Parts and 2 Schedules as follows:

  Part I		A statement of the facts in Part I of the Appellant’s Submission which the respondent accepts as correct, and those with which he disagrees, and a concise statement of any additional facts relied upon with references to the evidence as may be necessary;
  Part II		The position of the respondent with respect to each issue raised by the appellant followed by a concise statement of argument, law and authorities relied upon;
  Part III		Any additional issues raised by the respondent, each issue being followed by a concise statement of argument, law and authorities relied upon;
  Part IV		A concise statement of the order sought from the court;
  Schedule A		List of authorities in the order referred to in the submission; and
  Schedule B		The text of all relevant provisions of Acts and Regulations (or copies of the complete Act or Regulation may be filed and served with the Submission).

• (3) Where a respondent has given notice of cross-appeal

  • (a) his submission respecting the cross-appeal shall be included in the Respondent’s Submission, and

  • (b) the appellant may deliver a Further Submission respecting the cross-appeal within 5 days from the receipt of the Respondent’s Submission.

• (4) A respondent shall number the paragraphs in the Respondent’s Submission.

• (4.1) Unless otherwise ordered by the Chief Justice, a Respondent’s Submission, exclusive of Schedules A and B, shall not exceed 35 pages.

• (5) A respondent who is not represented by counsel need not comply with this subrule or with Rule 63.17.