PART ICOMMENCEMENT OF APPEALS
Appeal by the Defendant
3. (1) A person who wishes to appeal against conviction, sentence, or conviction and sentence, shall, within 30 days after the imposition of the sentence, commence the appeal by filing an original and four copies of
(a) Form 1 or 1A, where the defendant is represented by counsel; or
(b) Form 2, where the defendant is not so represented.
(2) Where more than 30 days have lapsed since the imposition of the sentence, a defendant may apply for an extension of the time to appeal by filing an original and one copy of Form 7.
(3) The registrar shall forward a copy of the filed Form 1, 1A, 2 or 7 to the prosecutor.
- SI/91-81, s. 4.
Appeal by the Prosecutor
4. (1) Where the prosecutor wishes to appeal, he shall, within 30 days after the pronouncement of the order under appeal,
(a) file five copies of the notice of appeal in Form 3; and
(b) serve the respondent or proposed respondent with the notice, either before or after it is filed.
(2) Where the prosecutor is unable to personally serve the notice of appeal on the respondent, the court or a justice may authorize the prosecutor to serve the respondent in the manner that the court or a justice directs.
(3) On compliance by the prosecutor with an order under subrule (2), the respondent shall be deemed to be served with the notice of appeal.
Notice of Appeal
5. (1) The notice of appeal shall be in Form 1, 1A, 2 or 3, as the case may be.
(2) The appellant shall state his address for service on the notice of appeal and any document respecting the appeal that is delivered to that address shall be deemed to have been served on the appellant.
(3) Where an appellant, who is not represented by counsel, is in custody at the time he files notice of appeal, he shall state the name of the institution in which he is in custody together with another address for service other than that institution.
(4) The registrar shall forward a copy of the notice of appeal to the judge who made the order under appeal.
(5) A notice of appeal may be amended at any time by consent or with leave of the court or a justice.
(6) A notice of appeal may be amended without leave
(a) at any time up to 14 days before an appeal is set to be heard, where factums are not required; or
(b) at any time before the appellant files his factums in an appeal, where factums are required.
(7) Where the notice of appeal is amended, the appellant shall file and serve the amended notice of appeal.
- SI/91-81, s. 5.
PART IIAPPEAL BOOK AND TRANSCRIPT — APPEALS OTHER THAN SENTENCE APPEALS
6. Rule 9 of this Part does not apply to an appellant or respondent who is not represented by counsel.
Filing of Appeal Book and Transcript of Evidence
7. Unless otherwise ordered by the court or a justice, the appellant shall, within 60 days after filing the notice of appeal,
(a) file four copies each of an appeal book and transcript or such additional copies as may be required by the registrar; and
(b) deliver one copy of the appeal book and transcript to the respondent.
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