Northern Territory Consolidated Regulations

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SUPREME COURT RULES 1987 - REG 82.13

Appeal book

    (1)     The appellant must prepare an appeal book for the following appeals:

        (a)     an appeal to the Supreme Court, whether constituted as a single judge or the Full Court, if the Registrar considers it necessary;

        (b)     an appeal to the Court of Appeal;

        (c)     an appeal to the Court of Criminal Appeal.

Note for subrule (1)(a)

The draft index under rule 82.11 is still required for an appeal to the Supreme Court even if an appeal book is not necessary.

    (2)     An appeal book must be legible, paginated and securely fastened.

    (3)     An appeal book consists of the following documents to the extent they are relevant to the appeal:

        (a)     the indictment or originating process and pleadings;

        (b)     a transcript of oral evidence;

        (c)     any affidavits before the court or tribunal below;

        (d)     the exhibits, arranged in the order in which they were lettered or numbered as exhibits in the court or tribunal below;

        (e)     in a civil appeal – any prior decision relevant to the decision being appealed from and the reasons for that decision;

        (f)     in a criminal appeal:

            (i)     a transcript of the trial Judge's directions and summing up to the jury; and

            (ii)     a transcript of any remarks on sentence by the trial Judge;

        (g)     the notice of appeal and any supplementary notice of appeal, cross-appeal or contention;

        (h)     any relevant certificate required by subrule (4).

    (4)     If a transcript is to be included in the appeal book, a certificate of the appellant and respondent must also be included in the appeal book certifying that:

        (a)     the transcript was examined by them; and

        (b)     any dispute regarding the transcript was resolved after consultation with the trial judge; and

        (c)     the transcript is correct.

    (5)     The appellant must file and serve the appeal book, as settled by the Registrar.



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