Court Martial Appeal Court Rules (SOR/86-959)
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Regulations are current to 2013-05-20
QUASHING AN APPEAL
RULE 8. (1) A respondent may, within 15 days after being served with the appellant’s Memorandum of Fact and Law, apply for an order quashing the appeal on the grounds that no substantial grounds of appeal have been shown.
(2) A judge may at any time order an appellant to show cause why an appeal ought not be quashed on the grounds that no substantial grounds of appeal have been shown.
(3) Where on service of a notice of motion in respect of an order referred to in subsection (1) or on the making of a show cause order to quash referred to in subsection (2), unless a judge orders otherwise, no further proceedings in the appeal shall take place until the issue is disposed of, and the time for taking further proceedings shall be extended accordingly.
- SOR/92-152, s. 2.
RESPONDENT’S MEMORANDUM OF FACT AND LAW
RULE 9. (1) Within 30 days after being served with the appellant’s Memorandum of Fact and Law, the respondent shall serve a copy of the respondent’s Memorandum of Fact and Law on the appellant and file five copies of it with the Registry.
(2) The respondent’s Memorandum of Fact and Law shall contain
(a) a statement in respect of the appellant’s statement of facts indicating those accepted as correct and those not so accepted and giving a concise statement of any additional facts the respondent considers material to the appeal;
(b) the arguments the respondent proposes to make to the Court;
(c) appropriate references to the appeal book; and
(d) a list of the authorities, statutes and regulations on which the respondent intends to rely in argument, together with copies of the pertinent portions thereof.
- SOR/92-152, s. 2;
- SOR/2001-91, s. 6.
MEMORANDUM IN REPLY
RULE 10. (1) Where the respondent has served a notice of cross-appeal and has, in the Memorandum of Fact and Law, advanced arguments in support of varying the decision under appeal, the appellant shall, within 30 days after being served with the respondent’s Memorandum of Fact and Law, serve a copy of the appellant’s Memorandum in Reply on the respondent in accordance with subsection 9(2), with such modifications as the circumstances require, and file five copies of it with the Registry.
(2) Except as provided by subsection (1), no Memorandum in Reply shall be filed without leave of a judge applied for within 10 days after the date of service of the respondent’s Memorandum of Fact and Law.
- SOR/92-152, s. 2;
- SOR/2001-91, s. 7.
REQUEST FOR HEARING
RULE 11. (1) Within 20 days after being served with the respondent’s Memorandum of Fact and Law or having served the appellant’s Memorandum in Reply, as the case may be, the appellant shall serve and file a requisition for hearing in the form set out in Schedule 5 requesting that a date be set for the hearing of the appeal.
(2) If the appellant does not file a requisition for hearing, the respondent may do so in the manner set out in subsection (1).
- SOR/92-152, s. 2;
- SOR/2001-91, s. 8.
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