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Difference between revisions of "How Do I Appeal a Final Supreme Court Decision?"
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How Do I Appeal a Final Supreme Court Decision? (view source)
Revision as of 01:06, 15 May 2013
, 01:06, 15 May 2013→Deadlines and procedures
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The transcript you must obtain is a transcript of all the oral evidence given at trial. You <span class="noglossary">will</span> have to <span class="noglossary">contact</span> 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. | The transcript you must obtain is a transcript of all the oral evidence given at trial. You <span class="noglossary">will</span> have to <span class="noglossary">contact</span> 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 | 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. | ||
Within 30 days after filing the Appeal Record, you must prepare an Appeal Book in Form 12, file | 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 pleadings that were filed in the original court proceeding (the Notice of Family Claim, the Response to Family Claim, and the Counterclaim) plus all of the interim orders that may have been made in that proceeding, | #the pleadings that were filed in the original court proceeding (the Notice of Family Claim, the Response to Family Claim, and the Counterclaim) plus all of the interim orders that may have been made in that proceeding, | ||
#the documentary exhibits that were entered at the trial, and | #the documentary exhibits that were entered at the trial, and | ||
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You must prove to the registrar that you have taken whatever steps are necessary to obtain these materials and prepare your Appeal Book. 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 <span class="noglossary">will</span> prepare your Appeal Book for you; they are listed in the Yellow Pages. | You must prove to the registrar that you have taken whatever steps are necessary to obtain these materials and prepare your Appeal Book. 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 <span class="noglossary">will</span> prepare your Appeal Book for you; they are listed in the Yellow Pages. | ||
You <span class="noglossary">will</span> 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. | |||
===Settling the Appeal Book and transcripts=== | ===Settling the Appeal Book and transcripts=== | ||
After you've got your Appeal Book together and received the transcripts, you must deliver a copy to the respondent for his or her approval. If the respondent does not approve, you <span class="noglossary">will</span> have to arrange a hearing before the court registrar to settle the content of the Appeal Book or transcript. To apply to settle the content, you must file an Appointment in Form 29 and serve one filed copy on the respondent at least five days before the date of the hearing. | After you've got your Appeal Book together and received the transcripts, you must deliver a copy to the respondent for his or her approval. If the respondent does not approve, you <span class="noglossary">will</span> have to arrange a hearing before the court registrar to settle the content of the Appeal Book or transcript. To apply to settle the content, you must file an Appointment in Form 29 and serve one filed copy on the respondent at least five days before the date of the hearing. | ||
===Filing your factum=== | ===Filing your factum=== | ||
You have 30 days from the time you filed your Appeal | You have 30 days from the time you filed your Appeal Record to file your factum. A factum, which is to be prepared in Form 10 of the Court of Appeal forms, is your written argument as to why the appeal court should make the order you want. | ||
Factums contain five parts: | Factums contain five parts: | ||
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===Filing the certificate of readiness=== | ===Filing the certificate of readiness=== | ||
When an appeal is ready for hearing, you must file a certificate of readiness in Form 14 of the Court of Appeal forms. An appeal is ready for hearing: | |||
*when the Appeal Record and your factum and Appeal Book are filed, or | |||
*if an order has been made dispensing with the need for your factum, when your Appeal Book is filed. | |||
Your certificate is a statement that the appeal is ready to be heard and provides a time estimate of how long the hearing <span class="noglossary">will</span> take. | |||
===Preparing your book of authorities=== | ===Preparing your book of authorities=== | ||