UNIFORM CIVIL PROCEDURE RULES 2005 - REG 51.24 Registrar to collect certain papers when notice of appeal filed or concurrency determination is made

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 51.24

51.24 Registrar to collect certain papers when notice of appeal filed or concurrency determination is made

(cf SCR Part 51, rules 30 and 30A)

(1) On the filing of a notice of appeal, or if the Court orders a concurrent hearing under rule 51.14, the Registrar--

(a) may obtain from the Reporting Services Branch the original of the transcript (if any) of the proceedings in the court below, and

(a1) may direct a party having custody of a document from the court below to produce that document to the Registrar, and

(b) is to obtain from the proper officer of the court below--

(i) the exhibits, and

(ii) the list of exhibits (if available), and

(iii) all other relevant documents before the court below, and

(iv) the reasons for judgment (if any) or the summing up (if any).

(2) The Registrar must allow the party required to prepare the Appeal Book to have custody of the documents necessary to prepare it unless the Registrar makes copies of the documents available to the party.

(3) The party having custody of documents pursuant to subrule (2) must return them intact to the Registrar on completion of the Red Book, at which time the Registrar must make them available to other interested parties for the purpose of preparing written submissions and chronologies.

(4) Documents are to be made available to more than one party in accordance with an agreed schedule of access or as determined by the Registrar.

(5) Subject to this rule, the Registrar must retain the documents obtained under subrule (1) until disposal of the appeal and then return them to the officers or persons from whom they were obtained.

(6) A party may not obtain a copy of a transcript unless the Registrar is satisfied that the party has made arrangements to pay, or has paid, for the transcript.