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Difference between revisions of "How Do I Appeal a Provincial Court Decision?"
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How Do I Appeal a Provincial Court Decision? (view source)
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==Forms involved== | ==Forms involved== | ||
You can obtain a document package from the Supreme Court's website (http://www.courts.gov.bc.ca/supreme_court/self-represented_litigants/sc_info_packages/appeal_package_general.pdf) or one of its registries that contains the forms and describes the general rules and procedures for appeals of a Provincial Court decision to the Supreme Court. In general, the rules, forms and the Family Practice Direction (FPD) involved are: | |||
# Supreme Court Family Rule 18-3 – Appeals | |||
# Supreme Court Family Form F79 – Notice of Appeal if Directions Required | |||
# Supreme Court Family Form F80 – Notice of Appeal – Standard Directions | |||
# Supreme Court Family Form F77 – Notice of Interest | |||
# Supreme Court Family Form F81 – Notice of Hearing of Appeal | |||
# Supreme Court Family Form F82 – Notice of Abandonment of Appeal | |||
# FPD – 10 – Standard Directions for Appeals from Provincial Court – Family Law Act | |||
==Making an appeal to the Supreme Court== | ==Making an appeal to the Supreme Court== | ||
To appeal a decision, you must file a form called a [[Form F80 Notice of Appeal|Notice of Appeal]] in Form F80 within 40 days of the decision. Appeals from the Provincial Court are governed by Rule 18-3 of the Supreme Court Family Rules. This form is a lot more complex than the forms you've used in the Provincial Court. In | To appeal a decision, you must file a form called a [[Form F80 Notice of Appeal|Notice of Appeal]] in Form F80 within 40 days of the decision. Appeals from the Provincial Court are governed by Rule 18-3 of the Supreme Court Family Rules. This form is a lot more complex than the forms you've used in the Provincial Court. In the form you must indicate: | ||
#when the order you are appealing was made, | #when the order you are appealing was made, | ||
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There are two fees that you'll have to pay to have your appeal heard. First, you'll have to pay a fee to file your Notice of Appeal. Second, and more expensively, you'll have to pay for the transcript of the Provincial Court hearing. | There are two fees that you'll have to pay to have your appeal heard. First, you'll have to pay a fee to file your Notice of Appeal. Second, and more expensively, you'll have to pay for the transcript of the Provincial Court hearing. | ||
Transcripts are produced by private companies. A court reporter employed by the company retrieves the | Transcripts are produced by private companies under agreement with the Ministry of Attorney General. You can learn more about these transcription companies, their fees, and the regions and types of court proceedings each is able to serve by visiting the BC Government's website’s [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-transcript court transcripts information page]. A court reporter employed by the company retrieves the audio of the hearing from the court and painstakingly transcribes each and every word. J.C. WordAssist Ltd., one of the larger companies that provides this service, charges around $10 to $14 per page (depending on the turnaround time you need) to produce transcripts of court hearings. And the rule of thumb is that each hour of a hearing is about 30 pages of transcript. So a four hour hearing will easily cost over $1,200 to transcribe, plus extra fees for copies. | ||
Be warned! Appeals can be expensive. | Be warned! Appeals can be expensive. | ||
{{REVIEWED | reviewer = [[ | {{REVIEWED | reviewer = [[Trudy Hopman]], September 22, 2023}} | ||
{{JP Boyd on Family Law Navbox|type=how}} | {{JP Boyd on Family Law Navbox|type=how}} | ||
[[Category: | [[Category:Helpful Guides & Common Questions|A]] | ||
[[Category:Appeals in Family Law Actions]] | [[Category:Appeals in Family Law Actions]] | ||
[[Category:JP Boyd on Family Law]] | [[Category:JP Boyd on Family Law]] | ||
{{Creative Commons for JP Boyd}} | {{Creative Commons for JP Boyd}} | ||
