When is the deadline for notice of motion for leave to appeal to the court of appeal?
The catalogue records a 15 days period from The making of the order or decision from which leave to appeal is sought. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 15 days
- Trigger
- The making of the order or decision from which leave to appeal is sought
- 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.
- r 3.02(3) extension only by a judge of the appellate court. Where a statute provides otherwise, the statutory period governs and may not be extendable.
- JURISDICTIONAL SENSITIVITY. Leave is required for an appeal to the Court of Appeal from an order of the Divisional Court on a question that is not a question of fact alone (Courts of Justice Act, s 6(1)(a)), and for a second appeal under s 6(1.1). The motion is heard in writing without attendance (r 61.03.1(1)). Amended by O Reg 3/26 (Form 61A.1).