Court issues new guidelines for filing of appeals

Monday, June 09, 2014

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THE Court of Appeal has issued a practice direction for the filing of applications and motions expected to be heard by the court or a single judge in chambers.

The direction, titled, 'Applications and motions: Filing of Judges' bundles', which came into effect June 1, comes with penalty for parties who fail to adhered to it.

"Subject to specific directions given in any particular case, this practice direction applies to all applications or motions listed for hearing before the court or for hearing before a judge in chambers," said the documents, which was posted on the website of the Court of Appeal and signed by appellate court president, Justice Seymour Panton.

Unless the court directs otherwise, according to the document, bundles are to be filed for the party whose application or motion is being heard, and must be indexed and paginated and must contain copies of all the documents relevant to the hearing of the application or motion, including any documents filed by the respondent in response to the application or motion.

For applications or motions scheduled for hearing by the court, four bundles for the use of the court must be filed not less than four working days before the date of the hearing.

Three justices hear cases in open court at the appellate court.

On the other hand, for applications scheduled for hearing in chambers, one bundle for the use of the court must be filed not less than two working days before the date of hearing.

Failure to comply with any part of this practice direction, in the absence of good and sufficient reason, said the documents, "may result in the court or the single judge removing the matter from the hearing list and/or penalising the defaulting party in costs".

-- Paul Henry




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