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

Marginal note:Perfecting Appeals

• 63.13 (1) Subject to paragraph (2), within 15 days after being notified that the evidence has been transcribed, or if no evidence is to be transcribed, within 30 days of the issue of the Notice of Appeal, an appellant shall serve on each party or send by prepaid mail or prepaid courier to a solicitor of record for each party

  • (a) a copy of the Appeal Book, and

  • (b) a copy of the Appellant’s Submission, if one is required,

  and file with the Registrar

  • (c) if the Notice of Appeal was served under Rule 63.05(6), the original Notice of Appeal with proof of service,

  • (d) 5 copies of the Appeal Book,

  • (e) 5 copies of the Appellant’s Submission, if one is required, and

  • (f) a certificate that the document referred to in clause (a) and, where applicable, the document referred to in clause (b), have been served on each party or have been sent by prepaid mail or prepaid courier to the solicitor of record for each party.

• (2) Where the appellant is a convicted person not represented by counsel, within the time prescribed by paragraph (1)

  • (a) the Attorney General shall file with the Registrar 5 copies of the Appeal Book,

  • (b) the appellant shall file with the Registrar 6 copies of the Appellant’s Submission, if one is required, and

  • (c) the Registrar shall forward to the respondent a copy of the Appellant’s Submission, if any.

• (3) When paragraph (1) or (2) is complied with, the appeal is perfected and the Registrar shall forthwith notify the parties to the appeal of the date when it was perfected and the month in which it is eligible to be heard.

• (4) A perfected cross-appeal may, with leave of a Judge, be placed on a List of Cases to be heard notwithstanding that the appeal itself has not been perfected.