Manner of Service of Other Notices and Documents in Prisoner Appeals

  •  (1) In a prisoner appeal, service of all notices and other documents pertaining to the appeal, other than the notice of appeal, shall be effected by delivery to the senior official of the penal institution in which the appellant is imprisoned.

  • (2) Where a notice or document is initiated by the appellant, the official shall endorse on it the date of receipt, return a copy so endorsed to the appellant and forthwith forward the original to the Registrar. The Registrar shall file the original and forward a copy to the Attorney General.

  • (3) Where a notice or document is initiated by the Attorney General, the original shall be filed with the Registrar. Service shall be effected by delivery to the senior official of the penal institution in which the appellant is imprisoned who shall forthwith deliver the notice or document to the appellant. Delivery may be carried out by

    • (a) delivery to the official;

    • (b) prepaid registered or certified mail or courier to the official;

    • (c) verified facsimile transmission, except in respect of transcripts, appeal books, factums and other documents exceeding 10 pages; or

    • (d) any other manner that may be directed by the Court.

Manner of Service of Other Notices and Documents in All Other Appeals

  •  (1) In all other appeals, where the Attorney General is not the appellant, or a party is not represented by counsel, or both, service of notices and documents, other than the notice of appeal,

    • (a) when directed to the Attorney General shall be effected by

      • (i) service on legal counsel instructed by the Attorney General,

      • (ii) prepaid registered mail to the Attorney General or counsel directed by the Attorney General, or

      • (iii) verified facsimile transmission, except in respect of transcripts, appeal books, factums and other documents exceeding 10 pages; and

    • (b) when directed to another party, shall be effected by

      • (i) personal service,

      • (ii) prepaid registered or certified mail to the address of the party set out in the notice of appeal or as filed with the Registrar,

      • (iii) verified facsimile transmission, except in respect of transcripts, appeal books, factums and other documents exceeding 10 pages, or

      • (iv) any other manner that may be directed by the Court.

  • (2) In all other appeals, service of notices and documents shall be effected by

    • (a) personal service;

    • (b) service on legal counsel;

    • (c) verified facsimile transmission, except in respect of transcripts, appeal books, factums and other documents exceeding 10 pages; or

    • (d) any other manner that may be directed by the Court.

  • (3) In all appeals referred to in this Rule, the original notice or document, and documents evidencing proof of service, if necessary, shall be filed with the Registrar.

COMING INTO FORCE AND REPEALING

  •  (1) These Rules come into force on July 1, 2002, without prejudice to any proceeding which may have been taken prior to that date.

  • (2) The Criminal Appeal Rules of the Newfoundland Supreme Court, Court of Appeal, registered in the Canada Gazette SI/87-129, are repealed effective July 1, 2002.