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Full Court Appeal
and Case Books
(See also Rule 95.09)
1. This direction applies to all appeals,
cases stated and proceedings by way of judicial review which are to come before
the Full Court. In so far as it relates
to appeals it supplements the requirements laid down in Rule 95.09 of the
Supreme Court Rules 1987.
2. The time within which the appeal is to be set down and any extension
thereof is governed by Rule 95.11(1) of the Supreme Court Rules.
3. The Case Book or Appeal Book must comply
with Rule 95.09 and documents to be used should be copied on a plain paper
photocopying machine on good quality A4 size bond paper and be clear and
legible.
4. Books are to be bound, so that when opened
they lie flat. Staples are not to be
used in binding.
5. Covers should be of manila type board not
heavier than 300gsm.
6. In order to
avoid the books being rejected the index will be settled by the Appeals Clerk
upon request. If the content of the
book is still in dispute Rule 95.09(1) allows for the Registrar or the Court to
give directions. An appointment with
the Registrar is to be arranged, through the Appeals Clerk, in the first
instance.
7. The index should contain columns for an
item number, a short description of each document, the document's date and page
number. It is to be inserted after the
title page. If the document has been
amended the original date is to be shown in the date column with the amended
date appearing with the document description.
8. Where more than one volume is necessary a
full index is to be repeated in each volume.
9. Documents are to be numbered consecutively
in the "item number" column of the index and these numbers are to
appear in the body of the book at the head of the corresponding document.
10. The
documents should be arranged in the following order:
(a) Process and pleadings.
(b) Evidence, oral or affidavit - (subject to
paragraph 13).
(c) Evidence
taken on commission or before an examiner - (subject to paragraph 13).
(d) Exhibits:
(i) A reference at the foot of the page shall
indicate at which page of the transcript the exhibit was tendered.
(ii) Photographs are not to be placed in the transcript, but in a
pocket inside the back cover. The
exhibit number and the page of the transcript at which the photograph was
tendered shall be marked on the back of each photograph.
(e) Reasons
for judgment of primary Court or Judge.
(f) Formal
judgment or sealed order of primary Court or Judge.
(g) The
formal sealed order granting leave to appeal (if leave was necessary).
Note: The order appealed against must be drawn up,
sealed and a copy included in the appeal book if the Court or body which made
the order draws up formal orders. The
appeal is not ready to be set down if the sealed order has not been included.
Where a judgment or order appealed from has been
given or made by a Judge of the Supreme Court on appeal the following
additional documents shall be included in the Appeal Book:
(a) Reasons
for judgment given by the Supreme Court Judge or Judge on appeal.
(b) The
formal order of the Court or Judge on appeal.
(c) The
formal order granting leave to appeal - (if leave was necessary).
(d) Notice
of appeal to Full Court.
(e) Any order referring a case or a point in a
case to the Full Court for argument or judgment.
11. At the top of the first page of each document
copy a short description of the nature of the document is to be inserted.
12. In the case of exhibits the index shall give
the exhibit mark and in the case of documents marked only for identification,
the letters "m.f.i." should follow the exhibit mark. The exhibits shall be arranged in the order
in which they have been lettered or numbered.
13. Where a book includes the evidence of
witnesses, the index shall show the surname, typed in capital letters,
preceding the full given names and set out as shown in the example following.
Example:
JONES John James Pages
Examination 1-4
Cross Examination 4-8
Re-examination 8-9
Further
cross 9-10
14. If the appellant wishes the evidence may be
submitted in a separate volume(s) maintaining the trial page numbering. A full index is still required.
15. The parties should exclude all documents and
parts of documents (especially parts that are merely formal) that are not
relevant to the matter before the Full Court so as to reduce the bulk of the book. As far as practicable parties should avoid
the duplication of documents.
16. Unnecessary repetition of formal headings is
to be avoided in the body of the book, and merely formal parts of documents,
such as jurats, formal identification of exhibits and the like, shall be
omitted unless there is special reason for including them. However, if documents are photocopied and it
is more convenient to copy formal parts, that may be done.
17. A short description of the nature of each
document should precede each document (e.g. statement of claim).
18. Interrogatories, answers and affidavits
should not be copied except in so far as they were put in evidence. If interrogatories and answers are included
they should be copied in parallel columns so that each answer appears opposite
the corresponding interrogatory.
19. Addresses by counsel, argument and
submissions are not to be included, unless there is a particular reason to do
so. The Appeals Clerk is to be
consulted if the inclusion of any such material is proposed.
20. In the case of lengthy documents (other than
testamentary instruments) where parts only are relevant to the questions at
issue, relevant extracts only should be included. A concise summary of the other parts may be included where
necessary for purposes of clarity.
21. Copies of correspondence should include only
those letters which were read or referred to in the lower Courts.
22. Where an issue of fact is involved, copies
of documentary and oral evidence must be confined to that issue. For example, if the only issue of fact is
that of liability, evidence relating to damages must not be copied, and vice
versa.
23. The books shall be prepared and produced in
a manner satisfactory to the Registrar.
The solicitor for the party lodging the appeal books shall at the same
time have a certificate signed by the solicitors for all parties, or by such of
the parties personally as are not represented by solicitors, to the effect that
the books have been examined by them and are correct. This certificate is to be included as the last document in the
appeal book. Notwithstanding the
lodging of such certificate the Registrar may reject any transcript which she
considers to be unsatisfactory.
24. The costs of unnecessary documents or of
documents copied at unnecessary length will not be allowed (R.95.09(6)).
DATED the 13th day
of July, 2001.
(Ruth
Blenkiron)
REGISTRAR
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