When is the deadline for service of a notice of appeal to the court of appeal?
The catalogue records a 30 days period from The date of the judgment or order being appealed from, as defined by r 14 (date of filing of the written reasons or fiat, or the date of oral pronouncement where no written reasons are to follow). This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 30 days
- Trigger
- The date of the judgment or order being appealed from, as defined by r 14 (date of filing of the written reasons or fiat, or the date of oral pronouncement where no written reasons are to follow)
- 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.
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- The court or a judge may enlarge or abridge the time periods fixed by these rules or by order on such terms as the case may require, and the order may be made before or after the fixed time period has expired (r 71). A notice of appeal may not be FILED after expiry without an order of a judge (r 10(2)).
- CRITICAL: computation in the Court of Appeal is governed by r 70, which applies The Legislation Act s 2-28 - NOT King's Bench r 13-3 to r 13-6. There is therefore no short-period exclusion of court-closed days in the Court of Appeal. "Date" of judgment is defined by r 14: the date of filing of the written reasons or written fiat, or where pronounced with no written reasons to follow, the date of oral pronouncement. This definition, not the date the order is taken out, starts the clock. The period is subject to any statute governing the particular appeal, which must always be checked.