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Difference between revisions of "How Do I Appeal an Interim Supreme Court Decision?"
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How Do I Appeal an Interim Supreme Court Decision? (view source)
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{{JP Boyd on Family Law How Do I TOC|expanded=appeals}} | {{JP Boyd on Family Law How Do I TOC|expanded=appeals}} | ||
An ''interim order'' is any order that is made before a final order. Interim orders are made in the Supreme Court by a master or judge in chambers | An ''interim order'' is any order that is made before a final order. Interim orders are made in the Supreme Court by a master or judge in chambers. Final orders are made by a judge following trial or with the agreement of the parties. The rules about appealing interim orders change, depending on whether the order was made by a judge or a master. | ||
==Master's orders== | ==Master's orders== | ||
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===Steps=== | ===Steps=== | ||
Under Rule 22-7, an appeal is brought by filing a Notice of Appeal in Form F98 within 14 days of the date the order was made. This deadline applies to orders made under the Supreme Court Family Rules or the ''Family Law Act'' | Under Rule 22-7, an appeal is brought by filing a Notice of Appeal in Form F98 within 14 days of the date the order was made. This deadline applies to orders made under the Supreme Court Family Rules or the ''Family Law Act''. The appeals of orders made under the ''Divorce Act'' are governed by that act, and s. 21(3) says that an appeal must be made within 30 days. | ||
The date the appeal <span class="noglossary">will</span> be heard is written on the Notice of Appeal. It is a good idea to leave this part of the form blank until you've had a chance to talk to the court registry staff. Depending on how long your appeal <span class="noglossary">will</span> take to be heard and the court's schedule, they may want to select the date of the hearing for you. | The date the appeal <span class="noglossary">will</span> be heard is written on the Notice of Appeal. It is a good idea to leave this part of the form blank until you've had a chance to talk to the court registry staff. Depending on how long your appeal <span class="noglossary">will</span> take to be heard and the court's schedule, they may want to select the date of the hearing for you. | ||
It's important to know that filing a Notice of Appeal does not, on its own, operate to cancel the order pending the appeal. You can, if you want, apply to master who made the order for an an order that order <span class="noglossary">will</span> be ''suspended'' until the appeal is heard. | It's important to know that filing a Notice of Appeal does not, on its own, operate to cancel the order pending the appeal. You can, if you want, apply to the master who made the order for an an order that the order <span class="noglossary">will</span> be ''suspended'' until the appeal is heard. | ||
==Judge's orders== | ==Judge's orders== | ||
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The requirements for the remainder of the appeal process are set out in the Court of Appeal Rules and are fairly complicated, and you should seriously consider hiring a lawyer to help you with your appeal. | The requirements for the remainder of the appeal process are set out in the Court of Appeal Rules and are fairly complicated, and you should seriously consider hiring a lawyer to help you with your appeal. | ||
It's important to know that filing a Notice of Appeal does not, on its own, operate to cancel the order pending the appeal. You can, if you want, apply to judge who made the order for | It's important to know that filing a Notice of Appeal does not, on its own, operate to cancel the order pending the appeal. You can, if you want, apply to the judge who made the order for an order that the order <span class="noglossary">will</span> be ''suspended'' until the appeal is heard. | ||
==Reasons for appealing a decision== | ==Reasons for appealing a decision== | ||
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Since appeals normally deal with legal issues rather than factual issues, they can be quite complex and involve a lot of technical arguments. If you are appealing an interim decision, you should seriously consider hiring a lawyer. | Since appeals normally deal with legal issues rather than factual issues, they can be quite complex and involve a lot of technical arguments. If you are appealing an interim decision, you should seriously consider hiring a lawyer. | ||
{{REVIEWED | reviewer = [[JP Boyd]], March 24, 2013}} | {{REVIEWED | reviewer = [[JP Boyd]], March 24, 2013}} | ||
{{JP Boyd on Family Law Navbox|type=how}} | {{JP Boyd on Family Law Navbox|type=how}} | ||
[[Category:How Do I?|A]] | [[Category:How Do I?|A]] | ||
[[Category:Appeals in Family Law Actions]] | [[Category:Appeals in Family Law Actions]] | ||
{{Creative Commons for JP Boyd}} | |||
