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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 19:38, 23 July 2019
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# A copy of the Notice of Appeal. | # 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 | 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 trial 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. | 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 | 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. | Since transcripts can often run to several hundred pages, as can Appeal Books, the cost of this step can be quite high. | ||
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===Filing your factum=== | ===Filing your factum=== | ||
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. See the Court of Appeal's website for handy MS Word templates of [https://www.bccourts.ca/Court_of_Appeal/practice_and_procedure/Forms/CA12345_factum_appellant_Final.dotx Form 10 Appellant's Factum] | 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. See the Court of Appeal's website for handy MS Word templates of both the [https://www.bccourts.ca/Court_of_Appeal/practice_and_procedure/Forms/CA12345_factum_appellant_Final.dotx Form 10 Appellant's Factum] and the [https://www.bccourts.ca/Court_of_Appeal/practice_and_procedure/Forms/CA12345_factum_respondent_Final.dotx Form 10 Respondent's Factum]. Using these templates might be easier than preparing a Form 10 on your own from scratch. | ||
Factums contain seven parts: | Factums contain seven parts: | ||
#'''Index:''' Listing each part and its page number. | #'''Index:''' Listing each part and its page number. | ||
#'''Chronology:''' A brief, point-form list or table of critical events that are relevant to the issue on appeal | #'''Chronology:''' A brief, point-form list or table of critical events that are relevant to the issue on appeal. | ||
#'''Opening Statement:''' A concise, one-page statement identifying yourself (as appellant or respondent), the lower court being appealed from, the result of the case before, and the essential point of the appeal (why it should succeed or fail). | #'''Opening Statement:''' A concise, one-page statement identifying yourself (as appellant or respondent), the lower court being appealed from, the result of the case before, and the essential point of the appeal (why it should succeed or fail). | ||
#'''Statement of facts:''' A statement of the facts of the appeal, as the trial judge found them to be. | #'''Statement of facts:''' A statement of the facts of the appeal, as the trial judge found them to be. | ||
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*if an order has been made dispensing with the need for your factum, when your Appeal Book is filed. | *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. You can then contact the registry to arrange a date for | 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. You can then contact the registry to arrange a date for the hearing of the appeal, and file a Notice of Hearing in Form 34 and serve it on the other party. | ||
===Preparing your book of authorities=== | ===Preparing your book of authorities=== | ||
You must prepare a book of authorities using Form 21. This is a binder containing all of the case law and statutes that you are relying on in the argument you've set out in your factum. You should arrange the cases in the order that you set them out in the list of authorities in your factum. Make five copies. One copy is for you, another is for the respondent, and the court <span class="noglossary">will</span> get the remaining three. You must file | You must prepare a book of authorities using Form 21. This is a binder containing all of the case law and statutes that you are relying on in the argument you've set out in your factum. You should arrange the cases in the order that you set them out in the list of authorities in your factum. Make five copies. One copy is for you, another is for the respondent, and the court <span class="noglossary">will</span> get the remaining three. You must file three copies with the registry at least 3 days before the hearing of the appeal. | ||
{{REVIEWED | reviewer = [[Megan Ellis | Megan Ellis, QC]], June 11, 2019}} | {{REVIEWED | reviewer = [[Megan Ellis | Megan Ellis, QC]], June 11, 2019}} | ||