UNIFORM CIVIL PROCEDURE RULES 2005 - REG 51.10 Filing and service of summons seeking leave to appeal

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 51.10

51.10 Filing and service of summons seeking leave to appeal

(cf SCR Part 51, rule 4(1), (3) and (5)-(7))

(1) A summons seeking leave to appeal must be filed and served on each necessary party--

(a) if a notice of intention to appeal has been filed and served under this Part--within the time allowed under rule 51.9, or

(b) in any other case--within 28 days after the material date.

Note : A person who files and serves a summons seeking leave to appeal must also file or lodge a copy of the summons with the court below--see rule 51.42.

(2) The Court may extend time under subrule (1)(b) at any time.

Note : Rule 51.9 provides for the extension of time for the filing and service of a relevant originating process where a notice of intention to appeal has been filed and served under this Part.

(3) An application under subrule (2) may be included in the summons seeking leave to appeal.

(4) A summons seeking leave to appeal must state whether the appellant has filed and served a notice of intention to seek leave to appeal, and the date the notice was served on the prospective respondent or on the last of the prospective respondents.