Marginal note:Form B: Where Attorney General is appellant
10. The Notice of Appeal in Form B is for all appeals commenced by the Attorney General.
Marginal note:Counsel of record
11. (1) A counsel who signs a Notice of Appeal on behalf of an offender is deemed to be the counsel of record.
(2) Until an appeal is set down for hearing, a counsel may withdraw by filing a notice in Form C, with proof of service in any manner permitted by Part Three of The Queen’s Bench Rules, of his or her intention to cease acting for the offender.
(3) After an appeal is set down for hearing, a counsel who wishes to withdraw shall apply to the court on three days’ notice for an order permitting the counsel to withdraw.
(4) On and after the expiry of 10 days from the date of filing of the notice in Form C or from the date of any court order obtained pursuant to subrule (3), no documents respecting the appeal are to be served on the counsel who has withdrawn pursuant to the notice, and service on that counsel is no longer deemed to be service on the offender.
REQUISITIONING COURT FILE AND ORDERING TRANSCRIPTS
Marginal note:Obligation to order transcript
12. On the filing of a Notice of Appeal, the registrar shall:
(a) requisition the court file pertaining to the appeal from the court that heard the matter; and
(b) if, in the opinion of the registrar, based on the nature of the proceedings, a transcript is necessary, order a transcript of the proceedings or a part thereof.
FACTUMS: REQUIREMENT, PERIODS FOR FILING AND CONTENT
Marginal note:When factum required and number of copies
13. (1) Subject to Rules 14 and 15, every appellant and respondent shall file a factum in accordance with these rules.
(2) If an appellant or respondent files a factum, he or she shall file four copies (being the original, which is unbound and un-perforated, and three copies), or more as the registrar may require.
Marginal note:No factum required from self-represented person
14. No factum is required from a self-represented person, but that person may, at any time before the hearing of the appeal, file a written argument setting out the reasons why the decision appealed from should be set aside.
Marginal note:No factum required from Attorney General
15. No factum is required from the Attorney General if the appellant is self-represented and appeals from a sentence alone, other than with respect to an appeal from a decision made pursuant to Part XXIV (Dangerous Offenders and Long-term Offenders) of the Code.
Marginal note:Factum length
16. Unless otherwise ordered by a judge, a factum shall not exceed 40 pages, excluding the table of contents, index and appendices required by these rules.
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