510
edits
Changes
→Procedure
Appeals of final Supreme Court orders are started by filing a ''Notice of Appeal'' (Form 7) in court, and must be started within 30 days of the date the order was made. The person who starts an appeal is the ''appellant'', the other parties are ''respondents''. The appellant must serve the Notice of Appeal on all respondents. After being served, a respondent has 15 days to file a ''Notice of Cross Appeal'' (Form 8); this is only necessary if the respondent also wants to appeal the Supreme Court's order and is asking for different orders than the appellant.
''Interim applications'', applications for temporary orders, can be made in the Court of Appeal by filing a ''Notice of Motion'' (Form 6) and serving the Notice on the other parties. Applications are rarely brought to this court, but when they are, the rules say they the hearing of the application must be completed within 30 minutes.
All appeals are based on the evidence before the judge who made the original decision. The Court of Appeal does not hear evidence from witnesses and rarely considers evidence that was not presented to the trial judge. Before an appeal can be heard, the appellant must: