UNIFORM CIVIL PROCEDURE RULES 2005 - REG 51.13 Opposing party to file a response

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 51.13

51.13 Opposing party to file a response

(cf SCR Part 51, rule 4C)

(1) Subject to subrule (3), a party opposing an application for leave to appeal or cross-appeal (an
"opposing party" ) must, within 28 days after the filing of the White Folder or the documents referred to in subrule (3), file the opposing party's response.

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) A response must--

(a) state that the opposing party--

(i) consents to the leave sought, or

(ii) submits to the orders of the Court, or

(iii) submits to the orders of the Court save as to costs, or

(b) state--

(i) briefly, the opposing party's argument, and

(ii) the reasons why leave should or should not be granted, and

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

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

(v) any other relevant matters, including terms to which leave should be subject and contentions concerning costs, and

(vi) a list of relevant authorities and legislation.

(3) If the opposing party applies for leave to cross-appeal, the opposing party must file with the response the following documents--

(a) a copy of the cross-summons seeking leave to cross-appeal,

(b) a summary of the opposing party's argument in favour of leave to cross-appeal,

(c) a draft notice of cross-appeal,

(d) any other documents, not already filed, other than documents to be filed by the other party, that are necessary for disposal of the application for leave to cross-appeal.

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.

(4) An opposing party wishing to raise a matter that is required to be raised by notice of contention rather than by means of a cross-appeal must file a draft notice of contention with the response.

(5) The response, and the summary referred to in subrule (3) (if any), must--

(a) not exceed 10 pages, and

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

(c) 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, and

(d) be hole punched for insertion in the White Folder, and

(e) have its pages numbered consecutively.

(6) The summary referred to in subrule (3) must state--

(a) the nature of the opposing party's case, and

(b) the questions involved, and

(c) briefly, the opposing party's argument, and

(d) the reasons why leave to cross-appeal should be granted, and

(e) any reasons why an order for costs should not be made in favour of the applicant for leave to appeal if the application for leave to cross-appeal is refused, and

(f) whether the opposing party consents to the application for leave to cross-appeal being dealt with in the absence of the public and without the attendance of any person, and

(g) where applicable, that, and the reasons why, it is suitable for oral argument of the cross-appeal to proceed concurrently with the leave application (the cross-appeal being subject to the granting of the application), and

(h) a list of relevant authorities and legislation in tabular form.

(7) The summary referred to in subrule (3) must contain labelled dividers separating the contents in a convenient way including, if application is made for leave to cross-appeal, a divider to receive the applicant's response and the opposing party's reply.

(8) An opposing party who files a response is taken to have entered an appearance in the proceedings.

(9) An opposing party who has not filed an appearance must include in the party's response the information required by rule 4.2(2).