Marginal note:Motion for leave to appeal granted

27. When a motion for leave to appeal has been granted, it shall serve as the notice of appeal without further formality.

Marginal note:Appearance

28. Counsel for a party other than the appellant shall file a written appearance within the 10 days after the filing of the notice of appeal or the judgment granting leave to appeal.

Marginal note:Delivery of notice of appeal

29. Upon receipt of the copies of the notice of appeal or, if it is granted, the motion for leave to appeal, the clerk of the court of first instance shall deliver a copy to the judge who heard the case at trial or who rendered the judgment from which the appeal has been taken.

Marginal note:Transcript of trial proceedings

• 30. (1) After consulting with the parties or their counsel, the clerk of the court of first instance shall take all necessary steps to obtain, as soon as possible, the complete transcript of the proceedings, unless the parties or their counsel renounce or agree to a joint statement of the facts necessary to the resolution of the issues in dispute.

• (2) Unless the appeal addresses those questions or unless otherwise ordered by a Judge or agreed by the parties, the following shall be omitted from the transcript:

  • (a) proceedings regarding jury selection;

  • (b) the opening address of the trial judge;

  • (c) the opening and closing addresses of counsel;

  • (d) evidence adduced in the absence of the jury and submissions of counsel in the absence of the jury, with the exception of

    • (i) submissions regarding the proposed content of the judge’s jury instructions, the trial judge’s determination thereon and reasons,

    • (ii) objections regarding the jury instructions, the trial judge’s determination thereon and reasons, and

    • (iii) submissions regarding questions from the jury, the trial judge’s determination thereon and reasons; and

  • (e) objections to the admissibility of evidence, except a notation of the objection, the trial judge’s adjudication and, if they are available, the reasons for the judgment.

Marginal note:Delivery of trial proceedings

31. Trial proceedings shall be delivered to the Office of the Court only upon a request to this effect from a Judge of the Court.

Marginal note:Notice to the Clerk

32. The clerk of the court of first instance shall notify the parties and the Clerk of the Court that the record on appeal is complete. The appellant may then take immediate possession of the record.

Marginal note:Payment of costs

33. If the preparation of a transcript incurs costs, the clerk of the court of first instance may require payment in advance. The appellant shall not be entitled to the transcript at any time during the course of the proceedings until those costs have been paid.