82.14 (1) Subject to subsection (2), within 30 days after being notified that the evidence has been transcribed or, if no evidence is to be transcribed, within 30 days after the issue of the notice of appeal, an appellant shall serve on each party a copy of the appeal book, and a copy of the appellant’s factum, if one is required, and file with the Registrar
(a) if the notice of appeal was served under subsection 82.05(4), the original notice of appeal with proof of service;
(b) four copies of the appeal book,
(c) four copies of the appellant’s factum, if one is required, and
(d) a certificate that service has been made under paragraphs (a) and (b) where applicable.
(2) Where the appeal is a prisoner appeal, within the time prescribed by subsection (1)
(a) the Attorney General shall file with the registrar four copies of the appeal book,
(b) the appellant shall file with the Registrar five copies of the appellant’s factum, if one is required, and
(c) the registrar shall forward to the respondent a copy of the appellant’s factum, if any.
(3) Within 30 days after service of the appellant’s factum, the respondent shall
(a) file with the registrar four copies of the respondent’s factum, if one is required; and
(b) serve on each party a copy of the respondent’s factum, if one is required.
(4) When subsection (1) or (2) is complied with, the appeal is perfected and the Registrar, under the direction of the Chief Justice, may, as appeals are perfected, set times for the hearing thereof and in so doing shall have regard as much as possible to advice from the parties or their counsel as to the probable length of the hearing and convenient dates thereof.
HEARING OF APPEALS
82.15 (1) The Registrar shall give each party notice of the time set for the hearing of an appeal under subsection 82.14(4).
(2) The Registrar shall file a certificate in Form 82F indicating that each of the parties has been notified as required by subsection (1) and such certificate shall be prima facie evidence that such notice has been received by the parties.
(3) On the hearing of an appeal the appellant and the respondent shall be restricted in their argument to the grounds set out in their respective notices of appeal and factums unless leave of the court is obtained to argue matters not set out in their grounds of appeal or factums.
(4) On application by any party to an appeal, the Court or a judge, may, in special circumstances, order an early hearing of an appeal and may give any necessary directions.
ABANDONMENT OF APPEALS
82.16 (1) An appellant who wishes to abandon an appeal may, before the hearing of the appeal
(a) serve on the respondent a notice of abandonment in Form 82G, and
(b) file with the Registrar the notice with proof of service.
(2) A notice of abandonment may be signed by the appellant or his or her counsel but if it is signed by the appellant, his or her signature shall be verified by affidavit or witnessed by a solicitor or by an officer of the penal institution in which the appellant is confined.
(3) An abandoned appeal shall be deemed to be dismissed without any formal order being necessary but the respondent may apply, without notice, to the Court or a judge for a formal order dismissing the appeal.
(4) Notwithstanding subsection 82.16(3), a judge may at any time, on notice of motion, grant leave to withdraw a notice of abandonment if it is in the interest of justice to do so.
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