PART 7APPEAL FROM SENTENCE
Marginal note:Summary referral of motion for leave to the Court
55. (1) A judge may refer a motion for leave to appeal from a judgment imposing a sentence to the Court without adjudicating it.
Marginal note:Concurrent hearing
(2) The Court may hear the motion and the appeal at the same time and adjudicate the matter without factums. It may also dispose only of the motion and, if leave is granted, postpone the hearing of the appeal.
Marginal note:Fast track, without factums
56. (1) A Judge who grants or refers a motion for leave to appeal from a sentence may, with the consent of the parties, allow the appeal to be heard without factums, on the basis of the fast track procedure.
(2) In referring the motion or, if applicable, the appeal to the Court, the Judge shall establish a timetable for the filing, in quadruplicate and after service on the other party, of the documents that stand in lieu of the factum.
(3) If the documents are not filed before the time limit has passed, the Clerk shall file a certificate of default in the record and shall thereafter refuse any documents from the defaulting party. A notice of the filing of this certificate shall be delivered immediately to the Chief Justice and the judges who are to hear the motion or the appeal.
57. The appellant shall file the following documents:
(a) the motion for leave to appeal;
(b) the indictment;
(c) the sentence, including the reasons and the conclusion;
(d) the depositions from the sentencing hearing, if any;
(e) any other relevant remarks of the trial judge and counsel in the course of submissions as to the sentence; and
(f) the questionnaire on the form in Schedule 1, duly completed.
Marginal note:Respondent’s questionnaire
58. At least three weeks before the date of the hearing of the motion or the appeal, the respondent may also serve the questionnaire, duly completed, on the appellant and file the questionnaire at the Office of the Court, in quadruplicate.
59. (1) The parties may include an argument no longer than 10 pages in length with their documents. It shall have at least one and one-half spaces between the lines, with the exception of quotations, which shall be single-spaced and indented. The characters shall be in 12-point font size, and there shall be no more than 12 characters per 2.5 cm.
(2) A judge may order that an argument be prepared when the issues raised by the appeal so warrant.
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