(1) Each party must file and serve a summary of argument and a list of
authorities to be relied on:
- (a)
- for the appellant at least 14
days before the first day of the sittings in which the appeal is listed for
hearing;
- (b)
- for the respondent at least 7 days before the first day of the
sittings in which the appeal is listed for hearing; and
- (c)
- for any child representative at least 3 days before the first
day of the sittings in which the appeal is listed for hearing.
- (2)
- For subrule (1), a summary of argument must:
- (a)
- set out in relation to
each ground of appeal, a statement of the arguments setting out the points of
law or fact and the authorities relied on;
- (b)
- set out the orders sought;
- (c)
- not exceed 10 pages;
- (d)
- have all paragraphs numbered consecutively;
- (e)
- be signed by the lawyer who prepared the summary or by the party; and
- (f)
- include the signatory's name, telephone number, facsimile number and
e-mail address (if any) or document exchange number (if any) at which the
signatory may be contacted.
Note 1
At the hearing of the appeal, each party will be expected to speak
to the party's written submission. It is not appropriate to simply read
through the submission. The court may impose time limits on each party, which
will be strictly adhered to unless a new matter arises during argument.
Note 2
For the number of copies of a document to file, see rule 24.08.
Note 3
This rule applies unless the court orders otherwise (see
rule 1.12). For example, the court may allow a summary of argument to be
longer than 10 pages.