UNIFORM CIVIL PROCEDURE RULES 2005 - REG 51.36 Content of written submissions

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 51.36

51.36 Content of written submissions

(cf SCR Part 51, rules 46 and 46A)

(1) Written submissions filed in an appeal must--

(a) be divided into paragraphs numbered consecutively, and

(b) so far as practicable, refer to matter in the Appeal Book by section name, volume number (if any), page number and letter, and not extract that matter, and

(c) so far as practicable, not extract matter in a judicial authority, and

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

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

(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

(f) not exceed (not counting the pages of any document included in the submissions for the purposes of subrule (2))--

(i) in the case of submissions other than submissions in reply--20 pages, and

(ii) in the case of submissions in reply--10 pages, and

(g) in the case of submissions in reply, refer by paragraph number to the matter in the respondent's submissions to which the submissions in reply respond, and

(h) be in typeface that is no smaller in appearance than an Arial font in 11 point size or a Times New Roman font in 12 point size, and

(i) the lines of typing must be set at least 1.5 lines spacing from each other.

(2) Submissions raising any challenges to findings of fact must include a statement in narrative form (not exceeding 2 pages) at the end of the submission setting out only the following--

(a) the findings challenged and supporting references to the judgment of the court below,

(b) the findings contended for and supporting references to the transcript and other evidence in the court below.

(3) If damages for death or bodily injury are in issue--

(a) the appellant's written submissions must state--

(i) the manner in which the damages were assessed, or in the case of trial by jury, may be supposed to have been assessed, and

(ii) the heads of damages that are in issue in the appeal, and

(iii) briefly but specifically, the basis of the challenge, and

(iv) where applicable--the alternative assessment contended for, and

(b) the respondent's written submissions must state--

(i) the extent to which the assessment will be challenged or supported by cross-appeal or contention, and

(ii) any alternative assessment sought, and briefly but specifically, the basis for it.

(4) The written submissions must address--

(a) any claim for an order for reinstatement or restitution and the form of the order sought, and

(b) where restitution is sought with interest that is at a rate other than the relevant rate set out in rule 36.7(1)--the rate of interest that should be applied.