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Court Martial Appeal Court Rules (SOR/86-959)

Regulations are current to 2020-01-27

SCHEDULE 4(Subsection 6(5))Appeal Book

  • 1 Any appeal book shall be prepared on white paper of good quality in such manner that printed pages are to the left as the book is read.

  • 2 The type used in an appeal book shall be 12 point unless accounts or tabular matter is being printed, in which case 10 point type shall be used and shall be clearly legible.

  • 3 [Repealed, SOR/2001-91, s. 37]

  • 4 The size of an appeal book shall be 21.5 cm by 28.

  • 5 There shall be approximately 47 lines of print on each page of an appeal book and every tenth line shall be numbered in the margin.

  • 6 An appeal book shall be arranged in the following sequence and shall consist of a red-coloured cover, a title page, an index and the following parts:

    Part I1Notice of Appeal, Notice of Motion commencing an appeal or application or Petition for a New Trial sent to the Court by the Minister, and notice of cross-appeal, if any.
    2Memorandum of Particulars in accordance with Schedule 3.
    3Any agreement referred to in subsection 6(4) of these Rules.
    4Charges, arraignments, pleas, admissions, entries and orders at the court martial or hearing in chronological order.
    Part IIThe evidence.
    Part IIIThe closing addresses, finding and disposition by the Court Martial or military judge.
    Part IVThe exhibits.
    Part VThe certificate of the Court Martial Administrator, as follows:
    I, blank line, hereby certify that the foregoing record of the case on appeal to the Court Martial Appeal Court of Canada is a true and correct reproduction of the originals of which they purport to be copies.
blank line
Court Martial Administrator
(or agent)
  • 7 Every page of an appeal book other than the title page and facsimile reproduced exhibits shall have a heading that states the nature of the material.

  • 8 Where evidence is printed in an appeal book, the questions shall be preceded by the letter “Q”, and the answer, which shall continue on the line which the question concludes, shall be preceded by the letter “A”, if in English, or the letter “R”, if in French.

  • 9 All printed or written documents filed as exhibits shall be grouped together and printed in an appeal book in the order in which they were filed at the court martial.

  • 10 If the whole case requires two or more volumes of an appeal book, to facilitate reference to the exhibits, they may all be reproduced in the final volume or volumes of the appeal book and on the cover after the volume number shall appear the word “Exhibits” in bold letters. When exhibits are reproduced in a special volume of an appeal book, the page numbers shall be the same as though printed in the usual manner.

  • 11 The cover and title page of an appeal book shall have the following heading:

(Court File No.)

COURT MARTIAL APPEAL COURT OF CANADA

BETWEEN:

(Name)

Appellant

-and-

(Name)

Respondent

APPEAL BOOK

  • 12 Where an appeal book contains more than 300 pages, it shall be bound in separate volumes of not more than 200 pages each.

  • 13 The index of an appeal book shall set out in detail the entire contents in four parts as follows:

    Part I1Notice of Appeal or Notice of Motion commencing an appeal or application or Petition for a New Trial sent to the Court by the Minister, and notice of cross-appeal, if any.
    2Memorandum of Particulars in accordance with Schedule 3.
    3Charges, arraignments, pleas, admissions, entries and orders at the Court Martial or hearing in chronological order.
    Part IIEach witness by name, stating whether for prosecution or defence, examination-in-chief or cross-examination, and the page number of the appeal book where the evidence of the witness commences.
    Part IIIEach document forming an exhibit or part thereof, with its description, date and number, in the order in which it was filed and the page number of the appeal book on which it is referred to for the first time in the evidence.
    Part IVEach closing address, indicating by whom it was delivered and the finding and disposition by the Court Martial or military judge with its date.
  • 14 The pages of the index of an appeal book shall be numbered with small Roman numerals and the remaining pages shall be numbered in the usual manner with the numbers placed in the upper left-hand corner. Nothing shall appear above the page number.

  • SOR/92-152, s. 16
  • SOR/2001-91, ss. 36 to 40, 41(F)
 
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