Prince Edward Island – Criminal Appeal Rules of Court (SI/2011-109)

Regulations are current to 2013-04-29 and last amended on 2012-02-15. Previous Versions

FACTUMS

Appellant’s Factum

  •  (1) An appellant shall prepare an appellant’s factum unless

    • (a) the appellant is not represented by counsel and has stated in the notice of appeal that he or she desires to present oral argument only; or

    • (b) the Court orders otherwise.

  • (2) The appellant’s factum shall be signed by the appellant, the appellant’s counsel, or on counsel’s behalf by someone he or she has specifically authorized, and shall consist of

    • (a) Part I, containing a concise summary of the facts relevant to the issues in the appeal, including identification of the trial court and the result in the trial court, with reference to the evidence by page and line of the transcription;

    • (b) Part II, containing a concise statement setting out clearly and particularly the points in issue in the appeal;

    • (c) Part III, containing a concise statement of the argument, law and authorities relied on;

    • (d) Part IV, containing a statement of the order that the Court will be asked to make; and

    • (e) Schedule A, containing a list of the authorities relied on; and

    • (f) Schedule B, containing

      • (i) an index,

      • (ii) the headnote and the relevant portions of the text, or the complete text if most of the text is relevant to the issues in the appeal, of the authorities relied on, and

      • (iii) all relevant provisions of statutes, regulations and by-laws, with each authority.

Respondent’s Factum

  •  (1) The respondent shall prepare a respondent’s factum unless

    • (a) the respondent is not represented by counsel and has given notice that he or she desires to present oral argument only; or

    • (b) the Court orders otherwise.

  • (2) The respondent’s factum shall be signed by the respondent, the respondent’s counsel, or on counsel’s behalf by someone he or she has specifically authorized, and shall consist of

    • (a) Part I, containing a statement of the facts in the appellant’s summary of relevant facts that the respondent accepts as correct and those facts with which the respondent disagrees and a concise summary of any additional facts relied on, with such reference to the evidence by page and line of the transcript as is necessary;

    • (b) Part II, containing the position of the respondent with respect to each issue raised by the appellant, immediately followed by a concise statement of the law and the authorities relating to that issue;

    • (c) Part III, containing a statement of any additional issues raised by the respondent, the statement of each issue to be immediately followed by a concise statement of the law and the authorities relating to that issue;

    • (d) Part IV, containing a statement of the order that the Court will be asked to make;

    • (e) Schedule A, containing a list of the authorities relied on; and

    • (f) Schedule B, containing

      • (i) an index,

      • (ii) the headnote and the relevant portions of the text, or the complete text if most of the text is relevant to the issues in the appeal, of the authorities relied on, and

      • (iii) all relevant provisions of statutes, regulations and by-laws.