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British Columbia Court of Appeal Criminal Appeal Rules, 1986

Version of section 5 from 2006-03-22 to 2019-09-18:

  •  (1) The notice of appeal shall be in Form 1, 1A, 2 or 3, as the case may be.

  • (2) The appellant shall state his address for service on the notice of appeal and any document respecting the appeal that is delivered to that address shall be deemed to have been served on the appellant.

  • (3) Where an appellant, who is not represented by counsel, is in custody at the time he files notice of appeal, he shall state the name of the institution in which he is in custody together with another address for service other than that institution.

  • (4) The registrar shall forward a copy of the notice of appeal to the judge who made the order under appeal.

  • (5) A notice of appeal may be amended at any time by consent or with leave of the court or a justice.

  • (6) A notice of appeal may be amended without leave

    • (a) at any time up to 14 days before an appeal is set to be heard, where factums are not required; or

    • (b) at any time before the appellant files his factums in an appeal, where factums are required.

  • (7) Where the notice of appeal is amended, the appellant shall file and serve the amended notice of appeal.

  • SI/91-81, s. 5

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