Document ID: chunk:federal_register_of_legislation:F2024C00057:front:0:p43
Version: federal_register_of_legislation:F2024C00057
Segment Type: other
Provision Reference: 
Character Range: 100701–103345

4 does not make adequate provision for the taking of a step in the appellate jurisdiction of the Court, the provisions of Chapter 2 shall be applied with any modification necessary to give proper effect to those Rules in the appellate jurisdiction.

Part 41—Applications for leave or special leave to appeal

41.01  Initiation of application for leave or special leave to appeal
41.01.1  An application shall be in Form 23 and shall name as parties all those who were parties to the proceeding in the court below at the time of the judgment below.
41.01.2  An application shall be signed:
 (a) by a legal practitioner on behalf of the applicant; or
 (b) if the applicant is unrepresented—by the applicant.
41.01.3  An application:
 (a) must not exceed 12 pages; and
 (b) must be typed in at least 12 point (Times New Roman or equivalent font size) with line spacing of 1.5 lines.
41.01.4  An application shall be accompanied by the following:
 (a) a copy of the sealed order or judgment of the court below;
 (b) a copy of the reasons for the judgment below;
 (c) if the judgment below determines an appeal or reviews a decision:
 (i) a copy of the primary sealed order or judgment or decision; and
 (ii) the reasons (if any) of the primary court or decision‑maker that were before the court below;
 (d) in a criminal case:
 (i) the indictment; and
 (ii) the transcript of entry of a plea of guilty or the summing up or charge; and
 (iii) the transcript of entry of verdict; and
 (iv) the Judge's remarks on sentencing;
 (e) the notice of appeal or application for leave to appeal to the court below.

41.02  Time for filing application
41.02.1  An application shall be filed within 28 days after the judgment below was pronounced.
41.02.2  If an application is not filed within the time limited by rule 41.02.1, the applicant shall:
 (a) in the application, seek an order that compliance with that time limit be dispensed with; and
 (b) file and serve an affidavit explaining the failure to comply with rule 41.02.1.

41.03  Service
41.03.1  A copy of the application and of the documents required by rule 41.01.4 shall be served on each respondent within 7 days after filing the application.
41.03.2  A copy of the application shall be lodged with the Prothonotary, Registrar or other proper officer of the court below within 7 days after filing the application.
41.03.3  Within 7 days after serving or lodging documents in accordance with rules 41.03.1 and 41.03.2, the applicant shall file an affidavit deposing to the time and manner of that service or lodging.

41.04  Appearance
  A respondent shall, within 14 days after service of the