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

Marginal note:Appeal Book

• 63.10 (1) Subject to paragraph (3), the Appellant shall prepare an Appeal Book which shall contain, in the following order, and where applicable

  • (a) an index,

  • (b) a copy of the Notice of Appeal and Notice of Cross-Appeal,

  • (c) a copy of any order granting leave to appeal,

  • (d) a copy of any order respecting conduct of the appeal,

  • (e) a copy of the information or indictment,

  • (e.1) a copy of the decision appealed from,

  • (e.2) where the appellant alleges error by the trial judge in charging the jury, a copy of the charge,

  • (e.3) where the appeal relates to summary conviction proceedings and is from a decision of the appeal court, a copy of the decision of the trial judge and of the appeal court,

  • (f) a copy of any other relevant decision or ruling of the trial judge that is not included in the transcript,

  • (g) a copy of any Statement of Facts agreed to under Rule 63.07(5),

  • (h) if the appeal is other than one against sentence only, a list of all exhibits, and

  • (i) if the appeal is against sentence, a copy of any pre-sentence reports and a copy of the criminal record, if any, of the accused.

• (2) Where the appellant is a convicted person not represented by counsel the Attorney General shall prepare the Appeal Book required under paragraph (1) and shall forward a copy of the Appeal Book and transcript, if any, to the appellant free of charge.

• (3) The Registrar may refuse to accept an Appeal Book that does not comply with this subrule or that is not legible.

• (4) The parties to an appeal may agree in writing or a Judge may, on motion, order that any material mentioned in paragraph (1) be omitted from the Appeal Book.