Commonwealth Numbered Regulations

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FEDERAL COURT (CRIMINAL PROCEEDINGS) RULES 2016 (F2016L01726) - RULE 4.21

Further evidence on appeal

             (1)  If a party to an appeal wants to apply for the Court to receive further evidence under paragraph 30AI(1)(c) of the Act, the application must be filed at least 21 days before the hearing of the appeal and be accompanied by an affidavit stating the following:

                     (a)  briefly, but specifically, the facts that support the application;

                     (b)  the grounds of appeal to which the application relates;

                     (c)  the evidence that the applicant wants the Court to receive;

                     (d)  why the evidence was not adduced in the court from which the appeal was made.

             (2)  A party who wants to adduce evidence in reply must file an application to do so at least 14 days before the hearing of the appeal.

Note 1:       Section 30AI of the Act allows the Court to receive further evidence on appeal.

Note 2:       For the form of an application under subrule (1) or (2) and requirements relating to service, see rule 9.01.



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