When is the deadline for motion to extend time after a dismissal-for-delay notice on an appeal?
The catalogue records a 20 days period from Service of the respondent's motion for dismissal, or receipt of the Registrar's Form 65 notice of intention. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 20 days
- Trigger
- Service of the respondent's motion for dismissal, or receipt of the Registrar's Form 65 notice of intention
- Counting
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- A judge may dismiss the appeal as abandoned if the time is not extended (rr 65(1) and 65(2)). Where the missed step is the notice of appeal the extension power is Supreme Court Act s 59(1); where it is the record and factum under r 35 the power is r 6(1). Never compute the extension.
- Rule 65(1) covers failure to serve and file the notice of appeal within the s 58(1)(b) time; r 65(2) covers failure to serve and file the appellant's record and factum within the r 35 time. Separate Supreme Court Act s 71(1) allows a respondent to move to dismiss where an appellant unduly delays prosecution or fails to bring the appeal on at the first session after it is ripe for hearing. July excluded (r 5(3)); recess excluded (r 5.1).