When is the deadline for notice of motion for leave to appeal to the court of appeal?
The catalogue records a 7 days period from Date of the interlocutory order or decision, the order or decision as to costs only, or the consent order sought to be appealed. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 7 days
- Trigger
- Date of the interlocutory order or decision, the order or decision as to costs only, or the consent order sought to be appealed
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Rule 62.03(2) itself allows 'such further time as is allowed by the judge hearing the motion for leave'. Rule 3.02(3) reserves to a judge of the Court of Appeal any extension of a time relating to an appeal. Never compute an extension.
- SEVEN IS NOT LESS THAN SEVEN. Rule 3.01(b) applies only to periods of LESS than 7 days, so Saturdays, Sundays and holidays inside this period ARE counted. Rule 62.03(1.1) allows the party to move in the alternative for an extension of time to issue and serve a Notice of Appeal should the judge rule the order is not interlocutory.