3. (1) A motion for leave to appeal, other than in an inmate appeal or where the moving party is not represented by counsel, shall be made by a notice of motion in Form 1. O. Reg. 721/94, s. 3 (1). Time for service (2) The notice of motion in Form 1 shall, (a) be served within 30 days after the date of the order or decision from which leave to appeal is sought; (b) state the date on which the motion will be heard, being a date not later than 60 days after the date of the order or decision from which leave to appeal is sought; (c) be filed with proof of service in the office of the Registrar within five days after service. O. Reg. 721/94, s. 3 (2). Idem (3) The notice of motion in Form 1 shall be served at least three days before the date on which the motion is to be heard. O. Reg. 721/94, s. 3 (3). Form of notice in inmate appeal or appeal by other party unrepresented by counsel (4) A motion for leave to appeal in an inmate appeal or by another person who is not represented by counsel shall be made by a notice of motion in Form 2. O. Reg. 721/94, s. 3 (4). Time for service (5) The notice of motion in Form 2 shall, (a) be served within 30 days after the date of the order or decision from which leave to appeal is sought; (b) state whether the moving party wishes to present the argument in person or in writing; (c) where the moving party wishes to present the argument in person, state that the motion will be heard on a date to be fixed by the Registrar. O. Reg. 721/94, s. 3 (5). Service of notice of motion (6) Service of a notice of motion for leave to appeal shall be effected, (a) in an inmate appeal, by delivering the notice of motion to the senior official of the institution in which the moving party is in custody; (b) in an appeal other than an inmate appeal, where the defendant is the moving party, by leaving a copy of the notice of motion with, (i) the prosecutor, and (ii) if the prosecutor is not acting on behalf of the Crown, the Crown Law Office (Criminal) of the Ministry of the Attorney General; and (c) where the prosecutor is the moving party, by leaving a copy of the notice of motion with, (i) the defendant, and (ii) if the prosecutor is not acting on behalf of the Crown, the Crown Law Office (Criminal) of the Ministry of the Attorney General. O. Reg. 721/94, s. 3 (6). Motion to be heard by judge (7) A motion for leave to appeal shall be heard by a judge. O. Reg. 721/94, s. 3 (7). Contents of notice of motion (8) A notice of motion for leave to appeal shall set out, (a) the special grounds upon which leave to appeal is sought; (b) any question of law upon which the appeal is to be founded; and (c) where the appeal is as to sentence, the basis for the appeal. O. Reg. 721/94, s. 3 (8). Motion record (9) On a motion for leave to appeal, other than an inmate appeal, the moving party shall serve, (a) a motion record containing, in consecutively numbered pages arranged in the following order, (i) a table of contents describing each document, (ii) a copy of the notice of motion, (iii) a copy of the proposed notice of appeal, (iv) a copy of the certificate or information, (v) a copy of any reasons of the trial court and the appeal court if the reasons are not included in the transcript, (vi) a copy of any report prepared under the authority of an order made during the course of the proceedings, (vii) a copy of all affidavits used before the appeal court, and (viii) a copy of any other material in the court file that is necessary for the hearing of the motion; (b) relevant transcripts of evidence, if they are not included in the motion record. O. Reg. 721/94, s. 3 (9). Filing (10) On a motion for leave to appeal under subrule (9), the moving party shall file one copy of the motion record and transcripts, with proof of service, within 30 days after the filing of the notice of motion for leave to appeal. O. Reg. 721/94, s. 3 (10). Responding party’s record (11) On a motion for leave to appeal, the responding party may, where he or she is of the opinion that the moving party’s motion record is incomplete, serve a motion record containing, in consecutively numbered pages arranged in the following order, (a) a table of contents describing each document; and (b) a copy of any material to be used by the responding party. O. Reg. 721/94, s. 3 (11). Filing (12) The responding party shall file one copy of the motion record, with proof of service, within five days after service of the moving party’s motion record and transcripts. O. Reg. 721/94, s. 3 (12). Tabs may be used (13) Despite subrules (9) and (11), the parts of the motion record may be divided by numbered tabs provided that the pages within the tabs are consecutively numbered. O. Reg. 721/94, s. 3 (13). Transmittal of inmate notice (14) The Registrar shall transmit to the Attorney General a copy of a notice of motion for leave to appeal filed by an official of an institution referred to in clause (6) (a). O. Reg. 721/94, s. 3 (14). Inmate motion and motion in writing (15) A motion for leave to appeal in an inmate appeal or by another person who is not represented by counsel shall be dealt with in accordance with Rule 4. O. Reg. 721/94, s. 3 (15). INMATE APPEALS/APPEALS IN WRITING BY UNREPRESENTED DEFENDANT—LEAVE TO APPEAL Motion for leave to appeal in writing