When is the deadline for notice of cross-appeal?
The catalogue records a 10 working-days period from Day the notice of appeal is delivered to the respondent. This draft page remains free only until its source, worked example and limits are reviewed.
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In preparation
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Calculation basis and source
- Period
- 10 working-days
- Trigger
- Day the notice of appeal is delivered to the respondent
- 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 90.37(12)(h) - a judge of the Court of Appeal may extend or abridge any time prescribed by Rule 90, before or after expiration. Rule 90.21(5): a respondent may not rely on any ground of appeal not specified in the notice of cross-appeal 'unless the Court of Appeal or a judge of the Court of Appeal permits'.
- Runs from DELIVERY of the notice of appeal to the respondent, not from filing. A respondent who seeks an order setting aside or varying the judgment under appeal must cross-appeal (r 90.21(1)); contending merely that the judgment should be affirmed for different reasons requires a notice of contention instead.