UNIFORM CIVIL PROCEDURE RULES 2005 - REG 51.12 Party to file and serve White Folder with summons seeking leave

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 51.12

51.12 Party to file and serve White Folder with summons seeking leave

(cf SCR Part 51, rule 4B)

(1) A person seeking leave to appeal or cross-appeal (the
"applicant" ) must file, in triplicate, a folder (the
"White Folder" ) and serve that folder with the summons or cross-summons (as the case may be).

Note : Rule 10.1(1) requires a party that files a document to serve copies on each other active party as soon as is practicable, unless the court orders otherwise.

(2) The White Folder must contain--

(a) a copy of the summons seeking leave to appeal or cross-summons seeking leave to cross-appeal (as the case may be), and

(b) a summary of the applicant's argument in accordance with subrule (3), and

(c) the reasons for judgment (if any) or the summing up (if any) in the court below, certified by or on behalf of the court below, and

(d) a draft notice of appeal or notice of cross-appeal (as the case may be), and

(e) any other documents (other than documents to be filed by the respondent) that are necessary for disposal of the application.

(3) The summary of argument--

(a) must not exceed 10 pages, and

(b) must be signed by the barrister or solicitor who prepares it or, where the applicant is not represented by a barrister or solicitor, by the applicant, and

(c) must have the following typed or printed in a neat and legible manner under the signature referred to in paragraph (b)--

(i) the name of the signatory,

(ii) a telephone number at which the signatory can be contacted,

(iii) if available, the signatory's facsimile number,

(iv) if available, the signatory's email address.

(4) The summary of argument must state--

(a) the nature of the applicant's case, and

(b) the questions involved, and

(c) briefly, the applicant's argument, and

(d) the reasons why leave should be granted, and

(e) any reasons why an order for costs should not be made in favour of the respondent if the application is refused, and

(f) whether the applicant consents to the application for leave being dealt with in the absence of the public and without the attendance of any person, and

(g) whether the application should be heard with the argument on the appeal, and why, and

(h) a list of relevant authorities and legislation.

(5) Each White Folder must--

(a) be white in colour, and

(b) be approximately A4 in size, and

(c) be covered with a clearview PVC (or similar) binder capable of holding an A4 insert, and

(d) be 38 millimetres wide and contain 2 D rings, to hold documents, and

(e) contain labelled dividers separating the contents in a convenient way, including dividers to receive the respondent's documents and the applicant's reply, and

(f) have its pages numbered consecutively.