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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 16:54, 30 July 2019
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Once you've filled out your Notice of Appeal, you must file it in the registry of the Court of Appeal. They <span class="noglossary">will</span> charge you a fee for this, and you'll notice that all of the fees charged by the Court of Appeal are higher than those of the Supreme Court. The registry <span class="noglossary">will</span> stamp your Notice of Appeal with the seal of the court, a date stamp, and the file number of your action. You must then serve the Notice of Appeal on the other side. | Once you've filled out your Notice of Appeal, you must file it in the registry of the Court of Appeal. They <span class="noglossary">will</span> charge you a fee for this, and you'll notice that all of the fees charged by the Court of Appeal are higher than those of the Supreme Court. The registry <span class="noglossary">will</span> stamp your Notice of Appeal with the seal of the court, a date stamp, and the file number of your action. You must then serve the Notice of Appeal on the other side. | ||
Be aware that you have 30 days from the day after the decision was made to file your Notice of Appeal. The | Be aware that you have 30 days from the day after the decision was made to file your Notice of Appeal. The date the decision is made is what's important, not the date you receive a judge's reasons. Once the 30 days have run out, you <span class="noglossary">will</span> not be able to make your appeal unless you make a special application to the court for an extension of time. In general, the Court of Appeal is very strict and <span class="noglossary">will</span> demand that you obey the deadlines and rules exactly. | ||
==Reasons for appealing a decision== | ==Reasons for appealing a decision== | ||
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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. | 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: | 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 following: | ||
# 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). If any of them were amended, use the last amended version. | ||
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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. | ||
After you've filed your Appeal Book | After you've filed your Appeal Book and received the transcripts, you must deliver a copy to the respondent. | ||
===Filing your factum=== | ===Filing your factum=== | ||
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===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 three copies with the registry at least 3 days before the hearing of the appeal. | 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. | ||
==More information== | |||
For more information on the appeals process, see the [https://www.clicklaw.bc.ca/resource/2601 Justice Education Society's Court of Appeal BC Online Help Guide]. | |||
{{REVIEWED | reviewer = [[Megan Ellis | Megan Ellis, QC]], June 11, 2019}} | {{REVIEWED | reviewer = [[Megan Ellis | Megan Ellis, QC]], June 11, 2019}} | ||