(1) A notice of appeal must be in the approved form
and, in addition to the requirements of rule 747(1) —
(a) state the name
and last known address of each respondent; and
(b) state whether the
appellant will seek to put further evidence before the court; and
(c) if
further evidence is to be put before the court, briefly state the nature of
any evidence the applicant will seek to put before the court and what is
sought to be proved; and
(d) have on it the information required to be on an
originating process under rule 17.
(2) Within 14 days after service on the
respondent of the notice of appeal, the respondent, if the respondent wishes
to participate in the appeal, must file a notice of address for service in the
approved form and then serve a copy on the appellant.
(3) The notice of
address for service must have on it the information required to be on an
originating process under rule 17.
(4) Subrules (2) and (3) do not apply if
the respondent files a notice of cross appeal under rule 754or a notice of
contention under rule 757.
(5) If the leave of the court is required, the
proceeding must be commenced by filing a notice of appeal subject to leave in
the approved form.
(6) Subrule (1) applies to a notice of appeal subject to
leave with any changes necessary.
(7) If the court gives leave to appeal—
(a) the appellant must serve notice of the giving of leave on each respondent;
and
(b) subrules (2) and (3) apply as if the reference to service of the
notice of appeal were a reference to service of the notice of the giving of
leave.
(8) Nothing in subrules (5) to (7) prevents the parties agreeing that
an appeal subject to leave may be heard by the court with or immediately after
the application for leave.
