New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal

Marginal note:Commencement of Appeal

• 63.04 (1) An appeal shall be commenced by issuing a Notice of Appeal and

  • (a) if the appeal is under Part XXI of the Criminal Code

    • (i) Notice of Appeal by the Attorney General or counsel instructed by him shall be in Form 63A,

    • (ii) Notice of Appeal by a convicted person represented by counsel shall be in Form 63B,

    • (iii) Notice of Appeal by a convicted person not represented by counsel shall be in Form 63C, and

  • (b) in all other cases a Notice of Appeal shall be in Form 63D.

• (2) A party who proposes to appeal to the Court of Appeal shall issue a Notice of Appeal within 30 days from the date of the trial decision or the date of sentencing, whichever is later, or such extended time as the Court of Appeal or a Judge allows.

• (3) A Notice of Appeal shall state the relief sought and the grounds of appeal including particulars of

  • (a) any evidence the appellant contends was wrongfully admitted or excluded, and

  • (b) any misdirection or nondirection by the trial judge.