51.16   Time for filing and service of notice of appeal

(cf SCR Part 51, rules 5 and 6 (1) and (3))

(1)  A notice of appeal must be filed and served on each necessary party:

(a)  if the notice of appeal is filed pursuant to leave to appeal—within 7 days after leave is given or such other time as the Court may fix, or

(b)  if a notice of intention to appeal has been filed and served under this Part and the notice of appeal is not filed pursuant to leave—as allowed under rule 51.9, or

(c)  if a notice of intention to appeal has not been filed and served under this Part and the notice of appeal is not filed pursuant to leave to appeal—within 28 days after the material date or such other time as the Court may fix.

Note 1. Rule 51.20 requires any notice of appeal to specify a return day.

Note 2. A person who files and serves a notice of appeal must also file or lodge a copy of the notice with the court below—see rule 51.42

(2)  The Court may extend time under subrule (1) (a) or (c) at any time.

Note. Rule 51.9 provides for the extension of the time for the filing and service of a relevant originating process when a notice of intention to appeal has been filed and served under this Part.

(3)  A party applying for an extension under subrule (1) (a) or (c) must lodge and serve the draft notice of appeal with the application.