Evidence on Appeal
19. (1) In seeking to adduce evidence on appeal under the Code, the applicant shall file an interlocutory application, which shall concisely set out the nature of the evidence sought to be adduced and the manner in which such evidence is said to bear on a decisive or potentially decisive issue at trial.
(2) The interlocutory application shall
(a) be supported by affidavit(s) as to the facts raised and to be relied on in support of the application;
(b) set out the order sought; and
(c) be accompanied by a memorandum of the points of argument and a list of authorities relied on.
(3) A party opposing the application shall file with the Registrar any affidavit or memorandum on which that party relies and serve a copy of it on the applicant and on any other parties. The memorandum shall contain the points of argument and a list of authorities relied on.
(4) Either prior to or after ruling on the admissibility of the proposed evidence, the Court may, of its own motion or that of counsel, order that the evidence be taken by oral examination before the Court, by affidavit, by commission evidence, by deposition or in any other manner that the Court directs.
Abandonment of Appeals
20. (1) An appellant who desires to abandon an appeal shall complete a notice of abandonment of appeal in Form C, signed by the appellant or the appellant’s counsel of record on the appeal.
(2) The notice of abandonment shall be filed, directly or by facsimile transmission, with the Registrar and the Registrar shall forward a copy to the respondent and to the court reporter’s office.
(3) Where a notice of abandonment has been filed, no formal order shall be required. If requested, the Registrar may provide a certificate of abandonment of appeal.
(4) Except where there is a formal order dismissing the appeal, the Court may, at any time on application, grant an order permitting withdrawal of the notice of abandonment if, in its opinion, it is in the interest of justice to do so.
Failure to Appear at Hearing of Appeal
21. Where a party fails to appear at the hearing of the appeal, the Court may adjourn the hearing or hear the appeal in that party’s absence.
22. (1) At any time after the notice has been filed, the Chief Justice may direct a pre-hearing conference.
(2) Where a direction is made under this Rule, the parties or their counsel shall attend before a judge, at the time and place directed, to consider one or more of:
(a) the reduction in size of the appeal book or transcript;
(b) the simplification or clarification of issues in the appeal;
(c) the fixing of the time for the hearing of the appeal;
(d) the conduct of the hearing of the appeal; and
(e) any other matter that might expedite the appeal.
(3) After a pre-hearing conference, the judge who held it may make a direction on any matter referred to in Rule 22(2) and that direction shall govern the conduct of the appeal unless the Court orders otherwise.
(4) The judge conducting a pre-hearing conference shall not sit on the hearing of the appeal, except by request of the parties, and shall not disclose to the appeal panel positions taken or admissions or concessions made by the parties or their counsel at the conference.
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