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Difference between revisions of "How Do I Appeal an Interim Supreme Court Decision?"
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How Do I Appeal an Interim Supreme Court Decision? (view source)
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Because an interim order is only temporary, lasting until the trial, you should seriously consider whether an appeal is necessary, or you should just wait until the trial to have it changed. | Because an interim order is only temporary, lasting until the trial, you should seriously consider whether an appeal is necessary, or you should just wait until the trial to have it changed. | ||
==Preparing the Appeal Record, Appeal book and transcripts== | |||
This is where things start to get expensive. Within 60 days of filing your Notice of Appeal, you must obtain a transcript of the testimony in the court appealed from, file the transcript with the court, and serve a copy on the respondent. | |||
The transcript you must obtain is a transcript of all the oral evidence given at trial. You will have to contact a court reporting company (they're in the Yellow Pages) and make arrangements for them to transcribe the tapes that were made of the court proceedings. | |||
Also within 60 days after bringing an appeal, you must prepare an Appeal Record in Form 9 of the Court of Appeal forms, file it with the court, and serve a copy on the respondent. The Appeal Record must contain: | |||
# The pleadings that were filed in the original court proceeding (the Notice of Family Claim, the Response to Family Claim, and the Counterclaim). If any of them were amended, use the last amended version. | |||
# A copy of the entered order under appeal, if available, or, if no copy of the entered order is available, a blank page with an envelope attached in which the copy of the entered order can be inserted once available. | |||
# A copy of the reasons for judgment. | |||
# A copy of the Notice of Appeal. | |||
Within 30 days after filing the Appeal Record, you must prepare an Appeal Book in Form 12, file it with the court, and serve a copy on the respondent. The Appeal Book contains the documentary exhibits that were entered at the trail that are relevant to the appeal. For example, if the appeal is only about parenting time, you would not need to include all of the financial documents that were put in evidence at trial, just the documents that relate to parenting time. | |||
When preparing your Appeal Book, you must pay close attention to the rules and the form provided in the Court of Appeal Rules. There are a couple of companies that will prepare your Appeal Book for you; they are listed in the Yellow Pages. | |||
You will need a total of six copies of each of these documents - the transcript, the Appeal Record, and the Appeal Book - since the court gets four, you'll need one, and the respondent gets one as well. | |||
Since transcripts can often run to several hundred pages, as can Appeal Books, the cost of this step can be quite high. | |||
After you've filed your Appeal Book together and received the transcripts, you must deliver a copy to the respondent. | |||
{{REVIEWED | reviewer = [[Megan Ellis, QC | Megan Ellis]], June 26, 2017}} | {{REVIEWED | reviewer = [[Megan Ellis, QC | Megan Ellis]], June 26, 2017}} | ||