4. (1) Where the moving party for leave to appeal is not represented by counsel, the moving party may present the case for leave to appeal and argument in writing, and the motion shall be dealt with in accordance with subrules (2) to (10). O. Reg. 721/94, s. 4 (1). Motion to be dealt with expeditiously (2) Where the moving party is in custody, the motion for leave to appeal shall be dealt with as expeditiously as possible. O. Reg. 721/94, s. 4 (2). Filing of argument in inmate appeal (3) In an inmate appeal the written argument shall be filed with the notice of motion or within 15 days of service of the notice of motion by delivering the argument to the senior official of the institution in which the moving party is in custody. O. Reg. 721/94, s. 4 (3). Service and filing of material, unrepresented non-inmate (4) Where the moving party is not in custody, the moving party shall serve and file the motion record, transcripts and all other material that would be required if the motion for leave to appeal were to be heard with oral argument, within 30 days after the filing of the notice of motion for leave to appeal, and shall file two copies of the written argument with the motion record. O. Reg. 721/94, s. 4 (4). Motion to be considered by judge (5) The motion for leave to appeal shall be considered by a judge. O. Reg. 721/94, s. 4 (5). Submissions from respondent (6) If the judge considers that the motion has sufficient merit to require argument from the prosecutor, the judge shall so endorse the file, whereupon the Registrar shall transmit to the prosecutor copies of the notice of motion and the written argument of the moving party, if not included in the notice of motion, together with notification that the submissions of the prosecutor in answer to the motion should be made in writing within seven days of the receipt of the material from the Registrar and that two copies of the submissions should be filed with the Registrar. O. Reg. 721/94, s. 4 (6). Procedure on dismissal of motion (7) If the judge considers that the motion for leave to appeal does not have sufficient merit to require argument from the prosecutor, the judge shall give written reasons for judgment dismissing the motion. O. Reg. 721/94, s. 4 (7). Respondent’s submissions to moving party (8) Where submissions have been required from the prosecutor, a copy of them shall be transmitted to the moving party together with a notification that he or she may make written submissions in reply within seven days of receiving the submissions of the prosecutor. O. Reg. 721/94, s. 4 (8). Written reasons (9) When the moving party’s submissions in reply have been received, or the time for submitting them has expired, the motion shall be referred for disposition to the judge, who shall give written reasons for judgment, to be dealt with as if the reasons were a reserved judgment. O. Reg. 721/94, s. 4 (9). Time for service, extension (10) Ifthe notice of motion in Form 2 is not served within the time limited by rule 3, the moving party shall set out in the appropriate place in Form 2 the grounds for seeking an extension of time. O. Reg. 721/94, s. 4 (10). Oral hearing, inmate appeal (11) Where the moving party is in custody and has given notice that he or she wishes to present the motion in person, the judge shall direct that the motion for leave to appeal be listed for hearing, and in that event may request the Attorney General to arrange for the attendance of the moving party at the hearing. O. Reg. 721/94, s. 4 (11). NOTICE OF APPEAL Time for service