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)

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After the respondent has been served with your Notice of Appeal, they <span class="noglossary">will</span> have 10 days to file a Notice of Appearance and serve it on you, acknowledging your appeal. At this point, the respondent may choose to serve a Notice of Cross Appeal against you. This is the respondent's own separate appeal from the trial decision.
After the respondent has been served with your Notice of Appeal, they <span class="noglossary">will</span> have 10 days to file a Notice of Appearance and serve it on you, acknowledging your appeal. At this point, the respondent may choose to serve a Notice of Cross Appeal against you. This is the respondent's own separate appeal from the trial decision.


===Preparing the Appeal Book and transcripts===
==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.
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 <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 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.
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:


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). If any of them were amended, use the last amended version.
#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,
# 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.
#the documentary exhibits that were entered at the trial, and
# A copy of the reasons for judgment.
#copies of the order you are appealing from, together with the trial judge's reasons for judgment.
# A copy of the Notice of Appeal.


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.
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.  


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.
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.  


Since transcripts can often run to several hundred pages, as can Appeal Books, the cost of this step can be quite high.
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.


===Settling the Appeal Book and transcripts===
===Settling the Appeal Book and transcripts===
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