RULE 64
MADE UNDER THE RECIPROCAL ENFORCEMENT OF JUDGMENTS ACT
Application under Act
64.01.
(1) In this Rule 64 "Act" means the Reciprocal Enforcement of Judgments
Act. [Amend.05/02/03]
(2) An application under the Act for an order to register a judgment may be commenced,
(a) where subsection 3(2) of the Act applies, by filing an originating notice (ex parte application); [Amend.05/02/03](b) where subsection 3(2) of the Act does not apply, by filing an originating notice (application inter partes); [Amend.05/02/03]
[Amend. 01/01]
(3) The title of an application under Rule 64 shall be in the following form:
"In The Matter of the Reciprocal Enforcement of Judgments Act, and In The Matter of a judgment of (describe court) obtained in (describe the proceedings), and dated the _____ day of __________, 19__."
(4) The affidavit in support of an application under this Rule 64 shall exhibit an exemplification or certified copy of the judgment to be registered.
Service of notice of registration
64.02. A notice of registration to be served on a judgment debtor pursuant to subsection 7(1) of the Act shall, [Amend.05/02/03]
(a) contain full particulars of the judgment registered and of the order for registration;
(b) state the name and address of the judgment creditor, or his solicitor or agent, upon whom and where service of any document may be effected, and
(c) state that the judgment debtor, within one (1) month after he has had notice of the registration, may apply to the registering court to have the registration set aside upon any of the grounds mentioned in subsection 3(5) of the Act. [Amend.05/02/03]
Setting aside registration of judgment
64.03.
(1) An application to have the registration of a judgment set aside shall
be made by an interlocutory notice (application inter partes).
(2) The Court may, whenever it deems it just, order the judgment creditor to give security for the costs of any proceedings which may be brought to set aside the registration.
Form of execution order
64.4.
Where an execution order is issued on a judgment registered under the Act,
the execution order shall be varied by striking out the first paragraph of
Form 53.02A, and by substituting therefor the following
"Upon being satisfied that the judgment creditor has registered a judgment in this court against the judgment debtor pursuant to the Reciprocal Enforcement of Judgments Act, which judgment of (describe the court in which judgment was obtained) is dated the _____ day of ____________, 19__, and was so registered on the _____ day of ____________, 19__."
RULE 64-(64.01-64.04)
RECIPROCAL ENFORCEMENT OF JUDGMENTS ACT
MADE BY THE JUDGES OF THE SUPREME COURT OF NOVA SCOTIA this 31st day of December, 1973.
Ian M. MacKeigan C.J.N.S.
Gordon S. Cowan C.J.T.D.
T. H. Coffin J.A.
F. W. Bissett J.
A. Gordon Cooper J.A.
J. L. Dubinsky J.
Gordon L. S. Hart J.
M. C. Jones J.
A. M. MacIntosh J.
Vincent A. Morrison J.
RULE 65
CRIMINAL APPEALS
Definitions
65.01.
(1) In this Rule unless the context otherwise requires,
(a) "appeal" includes an application for leave to appeal and a cross-appeal;(b) "appellant" means the person who is appealing from conviction or sentence, or both, an informant, and in an appeal by the Crown means Her Majesty The Queen represented by the Attorney General and includes an appellant by cross-appeal;
(c) "Attorney General" means the Attorney General as defined in Section 2 of the Code and includes counsel instructed by him for the purpose of appeal, and Her Majesty The Queen represented in an appeal by the Attorney General;
(d) "Chief Justice" means the Chief Justice of Nova Scotia;
(e) "Code" means the Criminal Code; [Amend. 04/02]
(f) "Court" means the Court of Appeal; [Amend. 11/12/95]
(g) "Judge" means a Judge of the Court of Appeal; [Amend. 11/12/95]
(h) "judge" includes a judge of the Supreme Court of Nova Scotia, a judge of the Provincial Court and a judge of the Youth Court; [Amend. 11/12/95]
(i) "judgment" means the formal disposition of an appeal by the Court and includes an order for judgment;
(j) repealed [Amend. 11/12/95]
(k) "notice of appeal" includes notice of application for leave to appeal and notice of cross-appeal;
(l) "prisoner appeal" means an appeal by a person who at the time the notice of appeal is given is in custody and not represented by counsel;
(m) "prothonotary" means a prothonotary of the Supreme Court and includes, in the case of the Prothonotary at Halifax, the Registrar;
(n) "Registrar" means the Prothonotary of the Supreme Court at Halifax, or such other person as may from time to time be appointed Registrar of the Court of Appeal, and includes a deputy, assistant or associate prothonotary or assistant or associate registrar; [Amend. 11/12/95]
(o) "respondent" means Her Majesty The Queen represented by the Attorney General in the case of a person who appeals against his conviction or sentence and where an appeal is by Her Majesty The Queen represented by the Attorney General, means the person whose acquittal or sentence is appealed;
(p) "time prescribed" means time limited or appointed by this Rule or by a judgment or order;
(q) "trial judge" means the judge who presided at the trial; [Amend. 11/12/95]
Code definitions to apply
65.02. The interpretation and definition sections of the Code shall apply to this Rule.
Civil Procedure Rules to apply
65.03.
(1) The Civil Procedure Rules and Related Rules and practice of the Supreme Court shall apply with any necessary modifications to this Rule in all matters not herein provided for and when not inconsistent with this Rule;
(2) Without restricting the generality of rule 65.03, Rule 62 when not inconsistent with this Rule shall apply to this Rule and all appeals and applications thereunder.
Application of Rule 65
65.04. This Rule shall apply to appeals under Part XXI and section 839 of the Code. [Amend. 11/12/95; 04/02]
Extension or abridgement of time
65.05.
(1) Any time prescribed by this Rule may be extended or abridged by a Judge
before or after the expiration thereof.
(2) Two (2) clear days' notice of an application to extend or abridge time shall be given to the opposite party, unless such application is made on consent or unless otherwise directed by a Judge.
(3) A Judge on an application to extend or abridge time, shall examine the court file, including the explanation for the delay or the reasons in support of abridgement and the apparent merits of the proposed appeal as indicated by the grounds of appeal set forth in the notice of appeal and the report of the trial judge upon the matter and shall determine whether an extension or abridgement of time should be granted. [Amend. 11/12/95]
(4) An appellant not represented by solicitor may apply for extension of time by including with the notice of appeal in Form 65.07B an application for such extension, whereupon a Judge may, on notice to the Attorney General, determine the application and either grant extension of time or quash the notice of appeal. The Registrar shall notify each party of the Judge's order. [Amend. 11/12/95]
Effect of non-compliance with rules
65.06.
Non-compliance with this Rule 65 shall not render any proceeding void, but
the same may be amended or may be set aside as irregular or otherwise dealt
with as may be just.
Notice of appeal
65.07.
(1) The notice of appeal shall set out the grounds of appeal, and in appeals
by a convicted person not represented by a solicitor shall be in Form 65.07B
and in all other appeals by a convicted person or by the Attorney General
or an informant shall be in Form 65.07A or to like effect. [Amend. 8/11/79]
(2) The senior official of every penal institution shall supply to any prisoner in his custody, upon request, forms of notice of appeal for the latter's use.
(3) Where the appeal is from conviction or acquittal, the notice of appeal shall be served within thirty (30) days from the day of the conviction or acquittal.
(4) Where the appeal is from sentence, or from conviction and sentence, the notice of appeal shall be served within thirty (30) days from the day of sentence.
(5) Where the appeal is from the decision of a Summary Conviction Appeal Court, the notice of appeal shall be filed and served within thirty (30) days from the date the Summary Conviction Appeal Court pronounces the decision, with or without reasons. [Amend. 04/02]
Method of service of the notice of appeal
65.08.
(1) Service of the notice of appeal shall be effected:
(a) in a prisoner appeal, by serving three (3) copies of the notice of appeal on the senior official of the institution in which the appellant is imprisoned, and the senior official shall endorse on all copies of the notice of appeal the date on which that official received them and shall then forthwith return one (1) copy so endorsed to the appellant, forward one (1) copy to the Registrar who shall file it, and forward the remaining copy to the Attorney General of Canada or the Attorney General of Nova Scotia, as the case may be;(b) in an appeal by Her Majesty The Queen represented by the Attorney General, by personal service of the notice of appeal on the person in respect of whose acquittal or sentence the appeal is brought, unless otherwise ordered by a Judge; and three (3) copies of the notice of appeal, together with proof of service thereof, shall be filed in the office of the Registrar not later than seven (7) days after the last day for service of the notice of appeal; and
(c) in all other cases, by filing three (3) copies of the notice of appeal with the Registrar and at the same time serving one (1) copy of the notice of appeal on the respondent.
(2) In the case of a prisoner appeal, the Registrar shall, upon receipt of a notice of appeal, forthwith forward a copy thereof to the trial judge and to the prothonotary or the chief clerk of the court appealed from.
(3) In all cases other than the case referred to in rule 65.08(2), the appellant shall, at the time the notice of appeal or proof of service is filed with the Registrar, forward a copy of the notice of appeal to the trial judge and to the prothonotary or the chief clerk of the court appealed from.
(4) A notice of cross-appeal shall be served and filed in accordance with the method of service prescribed by rule 65.08(1) within thirty (30) days after service of the notice of appeal. [Amend. 11/12/95]
Report of a trial judge
65.09.
(1) In all sentence appeals and in any other appeal when so directed by the
Court or a Judge thereof the Registrar shall, on behalf of the Court and pursuant
to subsection 682(1) of the Code, request the trial judge to furnish to the
Court, in care of the Registrar, a report on the case in general and in particular,
on those matters which are raised by the notice of appeal. [Amend. 11/12/95;
04/02]
(2) The Registrar shall forthwith, after its receipt by him, mail copies of the report of the trial judge to the appellant and respondent, or their solicitors.
Appeals in writing
65.10.
(1) Where an appellant desires to present his argument on appeal in writing
instead of appearing in person, or by counsel, he shall state his intention
to do so in the notice of appeal and may include therein his points of argument,
or alternatively, file and serve in the manner and within the time prescribed
by rule 65.15 a memorandum containing his points of argument.
(2) Where a respondent desires to present his argument on appeal in writing instead of appearing in person, or by counsel, he shall advise the Registrar and the appellant of his intention to do so at the time he files and serves a memorandum containing his points of argument. Such memorandum shall be filed and served in the manner and within the times prescribed by rule 65.15.
(3) At the time of filing a memorandum of argument counsel, or the parties, shall comply with rule 65.15(2).
Transcripts
65.11.
(1) The charge for every copy of material and of a transcript furnished to
a party shall, pursuant to subsection 682(4) of the Code, be as from time
to time fixed by law [Amend. 11/12/95; 04/02]
(2) Except in the case of a prisoner appeal the appellant shall when he files the notice of appeal with the Registrar also file a copy of a letter by him to the reporter ordering copies of the transcript referred to in s. 682(2) of the Code. In prisoner appeals the Attorney General shall send the letter to the reporter and, upon receipt by him of the notice of appeal, file a copy of it with the Registrar. [Amend. 11/12/95]
Appeal book (appeals other than prisoner and sentence appeals)
65.12.
(1) Except in a prisoner or sentence appeal or where otherwise ordered by
a Judge the appellant shall, within sixty (60) days of service of the notice
of appeal:
(a) file with the Registrar five (5) copies of the transcript of the evidence given at the trial and of an appeal book for the use of the Court. The appeal book shall be printed double-spaced on letter size paper with printing on both sides of the paper and with page numbering in the upper right corner of odd numbered pages and the upper left corner of even numbered pages. The appeal book shall be bound with a plastic coil binding. Each page of the transcript shall have a two inch (2") margin on the bottom of the page and a one inch (1") margin on the top and sides of the page. The size of type shall not be smaller than twelve point (12 pt). The appeal book shall contain, in the following order: [Amend. 11/12/95](i) an index,(ii) the notice of appeal,
(iii) the information or indictment,
(iv) the reasons for judgment, if not included in the transcript of the proceedings,
(v) list of all exhibits,
(vi) photocopies of all documentary exhibits if not reproduced in the transcript; [Amend. 8/11/79]
(b) serve on the respondent or his solicitor a copy of the appeal book and of the transcript of the proceedings. [Amend. 8/11/79]
(1.1) The transcript of evidence given at the trial shall include an index of witnesses stating the name of the witness, the party who called the witness and the pages in the transcript at which examination in chief, cross- examination, or re-examination begin; [Amend. 11/12/95]
(1.2) Every page of the transcript of evidence shall have a headline stating the name of the witness and whether the page contains the transcript of examination in chief, cross-examination or re-examination. For each witness, the questions shall be numbered consecutively and questions shall be preceded by the letter "Q" and answers by the letter "A"; [Amend. 11/12/95]
(2) The parties to an appeal, or their solicitors, may, by written agreement filed with the Registrar, omit part of the transcript of the evi-dence or material that would otherwise be included in the appeal book or agree to the inclusion in the appeal book of an agreed statement of facts in lieu of a transcript.
(3) If either party wishes to abridge either the transcript or appeal book, or both, as provided for in rule 65.12(2) and has not obtained the agreement of the opposite party or parties, he may apply to a Judge who may give directions as to the form and contents of the transcript or appeal book, or both.
Appeal book (sentence appeals)
65.13.
(1) In sentence appeals the appellant shall, within thirty (30) days from
the service of the notice of appeal:
(a) file with the Registrar five (5) copies of an appeal book for the use of the Court. The appeal book shall contain, in the following order:(i) an index,(ii) the notice of appeal,
(iii) the information or indictment,
(iv) an agreed statement of facts in lieu of a transcript of the trial evidence,
(v) a transcript of the evidence (if any) given on the issue of sentence,
(vi) the reasons (if any) for the sentence given by the trial judge,
(vii) any presentence reports,
(viii) the criminal record, if any, of the accused;
(ix) a reference sheet containing the heading and file number of the matter appealed, the name of the judge, the dates of the hearing and the date of the decision in the court below,
(x) the probation order (if any),
(xi) any warrant of committal; and [Amend. 11/12/95]
(b) serve on the respondent or his solicitor a copy of the appeal book.
(1.1) Any transcript of evidence given on the issue of sentence shall be prepared in accordance with rule 65.12(1.1) and (1.2). [Amend. 11/12/95]
(2) If counsel cannot agree on a statement of facts, application may be made, on two (2) clear days' notice to the opposite party, to a Judge for assistance and directions.
Appeal book (prisoner appeals)
65.14.
(1) In prisoner appeals, the Attorney General shall, where the appeal is from
conviction, obtain the transcript referred to in subsection 682(2) of the
Code unless a Judge otherwise orders and shall prepare the appeal book which,
in the case of an appeal from conviction, shall be in the form prescribed
in rule 65.12 and, in the case of a sentence appeal, in the form prescribed
in rule 65.13 and shall deliver the same to the persons and within the times
prescribed by such rules, save that in sentence appeals it shall not be necessary
to obtain agreement from the appellant as to the statement of facts. [Amend.
11/12/95; 04/02]
(2) The senior official of every penal institution shall forthwith cause to be delivered to a prisoner any documents that may be addressed to such prisoner by the Registrar or the Attorney General.
(3) Where a prisoner appeal is commenced and the appellant subsequently retains a solicitor, the latter shall immediately notify the Registrar and the respondent of his retention; thereafter all relevant rules relating to appeals through solicitors shall apply. [Amend. 11/12/95]
Factums
65.15. (1) Subject to rule 65.10 and except where otherwise ordered by a Judge, the appellant and the respondent shall each, within the times prescribed by rules 65.15(3) and 65.15(4) serve and file with the Registrar five (5) copies of their respective factums which shall include with respect to each point reference to the transcript (if any) and the authorities relied on.
(2) An appellant's factum shall be filed and a copy thereof served upon the respondent not later than fourteen (14) days after the delivery of the transcript and appeal book pursuant to rules 65.12 and 65.13. [Amend. 8/11/79]
(3) A respondent's factum shall be filed and a copy thereof served upon the appellant not later than fourteen (14) days after service of the appellant's factum. [Amend. 8/11/79]
(4) The form of factums shall be as prescribed by rule 62.16. [Amend. 8/11/79]
(5) A person not represented by solicitor is not required to comply with this rule 65.15. [Amend. 8/11/79]
Hearing of appeals
65.16.
(1) A Judge may on application or on his own motion set a time for the hearing
of any appeal, whether perfected or not, and if the appeal has not been perfected,
may direct what appeal book or factums or other materials shall be filed.
[Amend. 11/12/95]
(2) In this rule 65.16 a "perfected appeal" means one wherein the appellant has complied with the rules as to,
(a) the form and service of the notice of appeal;(b) obtaining and delivery of the transcripts of the proceedings (if relevant); and
(c) delivery of the appeal book and the appellant's factum;
(d) filing a copy of the letter to the reporter ordering copies of the transcript. [Amend. 8/12/76]
(3) A prisoner appeal shall, for the purposes of this rule 65.16 be deemed to be perfected upon compliance by the appellant with the rules as to the form and service of the notice of appeal and by the Attorney General with rules 65.14 and 65.15.
(4) Without derogation from the power of a Judge under Rule 62 or Rule 65, where an appeal has not been perfected within the times prescribed by this Rule, a Judge, on application of the respondent or of the Registrar and on seven (7) days' notice to the appellant, may quash the notice of appeal or cross-appeal, dismiss the appeal, set a time for the hearing of the appeal, or issue such other order as he sees fit respecting the appeal. [Amend. 8/11/79]
(5) A perfected cross-appeal may, with leave of a Judge, be set down for hearing even though the main appeal has not been perfected.
(6) On or after hearing an application for leave to appeal the Court, if it decides to grant leave to appeal, and if the merits of the appeal have been fully argued, may decide the appeal without further argument.
(7) The Registrar shall give each party notice of the time set for the hearing of an appeal under this or any other rule. [Amend. 8/11/79]
Abandonment of appeals
65.17.
(1) An appellant who desires to abandon his appeal shall complete a notice
of abandonment which shall be in Form 65.17A or to like effect, signed by
his solicitor of record on the appeal, or by the appellant (in which case
the signature shall be verified by affidavit or witnessed by a solicitor or
an officer of the institution in which he is confined).
(2) A notice of abandonment shall be served in the same manner as provided for a notice of appeal under rule 65.08.
(3) An abandoned appeal shall be deemed to be dismissed and no formal order shall be required; provided however that the respondent may apply for a formal order dismissing the appeal.
(4) Notwithstanding rules 65.17(1), 65.17(2) and 65.17(3) a Judge may, at any time on application made on two (2) clear days' notice to the opposite party, grant an order permitting withdrawal of the notice of abandonment if, in his opinion, it is in the interest of the proper administration of justice to do so.
Release from custody pending appeal against sentence
65.18.
(1) Where an appellant seeks to appeal against sentence only and also seeks
his release from custody pending the hearing of the appeal, a Judge shall
first hear and determine the application for leave to appeal the sentence.
(2) Upon an application to a Judge for release from custody pending appeal pursuant to section 679 of the Code the applicant shall file an affidavit or affidavits, including where practicable his own affidavit, setting forth: [Amend. 11/12/95; 04/02]
(a) the particulars respecting the convictions;(b) any grounds of appeal not specified in his notice of appeal;
(c) his age and marital status;
(d) his places of abode in the three (3) years preceding his conviction, and where he proposes to reside if released;
(e) his employment prior to conviction, and whether he expects to be employed if released, and where;
(f) his criminal record, if any;
(g) where the appeal is as to sentence only, what unnecessary hardship would be caused if he were detained in custody;
(h) where he proposes entering into a recognizance with sureties, the amount of money or value of other valuable security he proposes should be deposited, and where practicable, the names of the sureties and the amount for which each is to be liable.
(3) Where the Attorney General desires to assert that the detention of the applicant is necessary in the public interest and to rely on material other than that contained in the material filed by the applicant, the Attorney General shall file an affidavit setting out the facts upon which he relies.
(4) The appellant and the Attorney General may cross-examine upon affidavits filed by the opposite party.
(5) A Judge may dispense with the filing of the affidavits referred to in rules 65.18(2) and 65.18(3) and act upon a statement of facts agreed upon by counsel for the applicant and the Attorney General.
Exhibits
65.19.
(1) Except where otherwise provided by the Code, all documents, exhibits and
other things received in connection with a trial or proceeding that is appealable
under this Rule 65 shall be retained by the trial judge, the clerk of the
court or of the Crown, or the prothonotary as the case may be, for a period
of ten (10) days after the expiration of the time limited for giving notice
of appeal and of any extension thereof. If an appeal is not sooner commenced
and unless a Judge or the trial judge otherwise orders, all such documents,
exhibits or other things shall be returned to and received by the party who
produced them at the trial or proceeding or who had custody and control of
them at the trial or proceeding or to his counsel.
(2) Where a party refuses to take delivery of any documents, exhibits or other things as herein provided, the custodian thereof may, on ten (10) days' notice to such party, apply to a Judge for an order for disposal of such exhibits, documents or other things by destruction thereof or otherwise.
(3) Upon receipt or filing of a notice of appeal the Attorney General shall forthwith,
(a) cause to be sent to the Registrar a list of all exhibits that were before the trial court;(b) advise the person who has custody of such exhibits of the appeal. Thereafter the exhibits shall be retained in the custody of such person until the appeal is finally disposed of. Upon such final disposition of the appeal and subject to any order that may be made by a Judge the custodian of such exhibits shall dispose of them in the manner provided in rule 65.19(1).
(4) Notwithstanding the provisions of rule 65.19 a Judge, or the Registrar, may at any time prior to the final disposition of the appeal request the custodian of the exhibits to forward all or any of them to the Court and the custodian shall immediately comply with such request.
(5) Nothing in rule 65.19 shall affect the provisions of the Controlled Drugs and Substances Act, and Food and Drugs Act or of any other federal or provincial enactment insofar as they relate to exhibits or things seized and to forfeiture thereof. [Amend. 04/02]
[This Form 65.07A may be varied to meet the case where the Attorney General is the appellant, or where circumstances require changes in it.]
FORM 65.07a
(Rule 65.07)
NOTICE OF APPEAL OR APPLICATION FOR LEAVE TO APPEAL
(Where Notice is Filed by a Solicitor on Behalf of the Accused)
IN THE Nova Scotia Court of Appeal
(Name of Appellant)
Appellant
-versus-
HER MAJESTY THE QUEEN
Respondent
PARTICULARS OF CONVICTION
1. Place of conviction
2. Name of Judge
3. Name of Court
4. Name of Crown Prosecutor at trial
5. Name of Defence Counsel at trial
6. Offence of which appellant convicted
7. Sections of the Criminal Code or other statutes under which appellant convicted
8. Plea at trial
9. Sentence imposed
10. Date of conviction
11. Date of sentence
12. If appellant in custody, place of incarceration
Take notice that the appellant: (insert whichever of the following is applicable)
(1) appeals against his conviction upon grounds involving a question of law alone;(2) applies for leave to appeal his conviction upon grounds involving a question of fact alone or a question of mixed law and fact, and if leave be granted hereby appeals against the said conviction;
(3) applies for leave to appeal against sentence, and if leave be granted hereby appeals against the sentence.
The grounds of appeal are annexed hereto as Appendix "A".
The relief sought is
The appellant's address for service is
Dated at ………………., Nova Scotia, this ……………………………. day of ………………., 19 .
Solicitor on behalf of appellant
TO: The Registrar
And to the Respondent
And to the Trial Judge
And to the Prothonotary or Chief Clerk of the Court appealed
from NOTICE OF APPEAL OR APPLICATION FOR LEAVE TO APPEAL (Where Accused not Represented by a Solicitor) IN THE NOVA SCOTIA COURT OF APPEAL (Name of Appellant) Appellant -versus- HER MAJESTY THE QUEEN as represented by the Attorney General Respondent Name of appellant ________________ Place of trial ________________ Name of Court (1) ________________ Name of judge _________________ Offence(s) of which convicted (2) ______________ Plea at trial _______________ Sentence imposed ________________ Date of conviction ________________ Date of imposition of sentence ________________ Name and address of place where appellant is in custody,
or if not in custody, the appellant's address: ____________________________
Name of your Defence Counsel (if any) at the trial _____________________
I, the above named appellant, hereby give you notice that
I desire to appeal and if it is necessary for me to do so, apply for leave
to appeal against my (3) ………………………………… on the grounds hereinafter set forth. I desire to present my case and argument (strike out (a)
or (b), (b) in person If a new trial is ordered and you have a right to trial
by judge and jury do you wish trial by judge and jury? These must be filled in before the notice is sent to the
Registrar. The appellant must here set out the grounds or reasons he alleges
why his conviction should be quashed or his sentence reduced. Dated this ……………….. day of ……………………………………, 19 . (Signed) (5) ………………………………………………………………… (Appellant) To the Registrar (1) Supreme Court of Nova Scotia, Provincial Court, or the
Youth Court [Amend. 11/12/95] (2) e.g., Theft, forgery, sexual assault. [Amend. 11/12/95] (3) If the appellant wishes to appeal against conviction,
he must write the word "conviction". If he wishes to appeal against sentence,
he must write the word "sentence". If he wishes to appeal against both conviction
and sentence he must write the words "conviction and sentence". If an appellant
convicted of more than one offence wishes to appeal against some only of his
convictions and sentences, he must state clearly the convictions or sentences
against which he wishes to appeal. (4) If the appellant desires to submit his case and argument
in writing he may serve his written argument with this notice of appeal, or
within fourteen (14) days of receiving the transcript and the appeal book
from the Attorney General, or within such time as ordered by a Judge. [Amend.
11/12/95] (5) This notice must be signed by the appellant. If he cannot
write he must affix his mark in the presence of a witness. The name and address
of such attesting witness must be given. I. (b) If your appeal is against sentence alone or conviction
and sentence this notice must be served within thirty (30) days of the date
of imposition of the sentence. (c) If this notice is served beyond thirty (30) days then
you must apply for an extension of time by completing the application below.
If you do not apply to the Court for such extension of time or if your application
for extension is refused, your appeal will be dismissed without further
hearing. [Amend. 8/11/79] II. If you are in custody two (2) signed copies of this notice
of appeal must be delivered to the senior official of the institution in which
you are confined. If you are not in custody three (3) copies of the notice
of appeal must be delivered to the Registrar. __________________________________________ I hereby apply for an extension of the time within which
I may launch the within appeal upon the following grounds. (here state reasons
for delay) ………………………………………………………………………………. Signed ……………………………. Date …………………………………… NOTICE OF ABANDONMENT OF APPEAL [Court and Style of Cause as in Form 65.07A or 65.07B] I hereby give notice that I …………………………….. abandon the appeal
herein. Dated at …………………., Nova Scotia, this ………………..… day of ………………………,
19 . This notice was signed in the presence of: ……………………………………… Appellant (or his solicitor as the case may be) ………………………………….. Witness To the respondent To the Registrar NOTE: If the notice of abandonment of appeal is signed by
the appellant personally rule 65.17(1) required that his signature must
be verified by affidavit or witnessed by a solicitor or an officer of the
institution in which he may be confined. The Judges of the Appeal Division of the Supreme Court of
Nova Scotia pursuant to Section 438 of the Criminal Code at a meeting held
for that purpose at Halifax, Nova Scotia, on April 17, 1975, made the foregoing
Rules of Court as Rule 65 entitled "Criminal Appeals". Rule 65 comes into force on June 30, 1975, on which date
the Nova Scotia Criminal Appeal Rules, 1966, shall cease to be in force and
shall be deemed to be repealed without prejudice to any proceeding under such
rules which may have been taken prior to June 30, 1975. Ian M. MacKeigan, C.J.N.S. SUMMARY APPEALS ON TRANSCRIPT OR AGREED STATEMENT OF FACTS Definitions 66.01. The definition sections of Rule 65 and of the
Criminal Code shall apply to this Rule. [Amend. 04/02] Application of Rule 66 66.02. This Rule shall apply to all summary appeals
on transcript or agreed statement of facts under section 830 of the Criminal
Code. [Amend. 04/02] 66.03. All such appeals shall be to the Court. Notice of appeal 66.04. An appeal under section 830
of the Criminal Code shall be commenced by a notice of
appeal in writing served on the respondent within thirty (30) days after the
date of the final order or determination that is the subject of the appeal.
The notice of appeal shall set out the grounds, referred to in subsection
762(1) of the Code, on which the appeal is based and shall be in the form
set out in Form 66.04A. [Amend. 04/02] Method of service of the notice 66.05. (2) Where the appellant is the Attorney General or the informant,
the notice of appeal shall be served personally on the respondent unless otherwise
ordered by a Judge and a copy of the notice of appeal, together with proof
of service of the notice, shall be filed with the Registrar not later than
seven (7) days after the last day for service of the notice of appeal. Request for transcript 66.06. Where an appeal is based on a transcript of
the proceedings appealed from, the appellant shall request, in writing from
the reporter, a copy of the transcript and forthwith file a copy of the request
with the Registrar. Agreed statement of facts 66.07. An agreed statement of facts shall be in the
form set out in Form 66.07A. 66.08. (ii) the information, (iii) the notice of appeal, (iv) the agreed statement of facts or the transcript
of the proceedings appealed from, and (v) the decision of the trial judge; and (b) serve a copy of the appeal book on the respondent. (2) Factums shall be (b) served and filed by the appellant and respondent as
set out in rule 65.15 or as directed by a Judge under rule 65.16(1). (3) On the filing of the appeal book and appellant's factum
pursuant to this Rule, the appeal shall be considered perfected for purposes
of rule 65.16 and a time may be set for the hearing in accordance with that
Rule. Application of Rules 62 and 65 66.09. Rules 62 and 65 shall apply in respect of all
matters not provided for in this Rule. [Amend. 06/87] NOTICE OF APPEAL IN THE NOVA SCOTIA COURT OF APPEAL (Name of Appellant) Appellant versus (Name of Respondent) Respondent TO: [Name and address of respondent] I, the undersigned, being the appellant referred to herein,
hereby appeal against the (specify the final order or determination that is
the subject of the appeal) dated the ……………… day of ……………, 19 ……, in the Provincial
Court at ……………………………………..., in the County of ……………………………………, on the ground(s)
that (specify applicable grounds of appeal). And further take notice that the appeal will be based on
a transcript of the proceedings appealed against unless you sign and return
the agreed statement of facts attached hereto within fifteen (15) days of
the filing of this notice of appeal. Dated at ………… this ……….. day of ………., 19 …….. [Name of appellant] by his solicitor [Name and address] AGREED STATEMENT OF FACTS IN THE NOVA SCOTIA COURT OF APPEAL (Name of Appellant) Appellant ( versus ( (Name of Respondent) Respondent The appellant and the respondent hereby agree that the facts
relating to this appeal are as follows: Dated at ………… this ………….. day of ………….., 19 …… [Solicitor for] Appellant [Solicitor for] Respondent The Judges of the Supreme Court of Nova Scotia pursuant to
Section 438 of the Criminal Code at a meeting held for the purpose at Halifax,
Nova Scotia, on January 26, 1987, made the foregoing Rules of Court as Rule
66 entitled "Summary Appeals on Transcript or Agreed Statement of Facts". Lorne O. Clarke, C.J.N.S.
[Amend. 11/12/95]
FORM 65.07b
(Rule 65.07)
[Amend. 8/11/79](a) in writing (4)
GROUNDS OF APPEAL
And to the Respondent
NOTES
(a) If your appeal is against conviction alone this
notice must be served within thirty (30) days of the date of the conviction.
FORM 65.17a
(Rule 65.17)
Rule 65 (65.01-65.20)
T.H. Coffin, J.A.
A. Gordon Cooper, J.A.
Angus L. Macdonald, J.A.
RULE 66
(1) Subject to rule 66.05(2), service of the notice of appeal shall be effected
by filing two (2) copies of the notice with the Registrar. The Registrar shall,
on receipt of the notice of appeal, forward a copy to the Attorney General.
Appeal book
(1) Within ten (10) days after an appellant files an agreed statement of facts
or receives a transcript of the proceedings appealed from, the appellant shall(a) file with the Registrar five (5) copies of an
appeal book for the use of the Court containing the following items, in the
order in which the items are listed,
(i) an index,
(a) in the form set out in rule 62.16; and
FORM 66.04a
(Rule 66.04)
FORM 66.07a
(Rule 66.07)
Gordon L. S. Hart, J.A.
Malachi C. Jones, J.A.
Ian M. MacKeigan, J.A.
Vincent A. Morrison, J.A.
Angus L. Macdonald, J.A.
Leonard L. Pace, J.A.
Kenneth M. Matthews, J.A.
Constance R. Glube, C.J.T.D.
A. M. MacIntosh, J.
Doane Hallett, J.
William Grant, J.
K. Peter Richard, J.
C. Denne Burchell, J.
R. MacLeod Rogers, J.
D. Merlin Nunn, J.
H. S. Nathanson, J.
R. MacDonald, J.
F. B. William Kelly, J.
Gordon A. Tidman, J.
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