Subdivision 3 Appeal Books and other supporting documentation
51.24 Registrar to collect certain papers when notice of appeal filed
(cf SCR Part 51, rules 30 and 30A)
(1) On the filing of a notice of appeal, the Registrar:(a) may obtain from the Reporting Services Branch the original of the transcript (if any) of the proceedings in the court below, and(b) must obtain from the proper officer of the court below:(i) the exhibits, and(ii) the list of exhibits and certificate under rule 51.43, and(iii) all other relevant documents before the court below, together with a list, certified by the proper officer of the court below, and(iv) the reasons for judgment (if any) or the summing up (if any) in the court below certified by or on behalf of the court below.(2) Unless the Appeal Book is prepared by the Registrar, the Registrar must allow the party required to prepare the Appeal Book to have custody of the documents necessary to prepare it.(3) The party having custody of documents pursuant to subrule (2) must return them intact to the Registrar on completion of the Red Book, at which time the Registrar must make them available to other interested parties for the purpose of preparing written submissions and chronologies.(4) Documents are to be made available to more than one party in accordance with an agreed schedule of access or as determined by the Registrar.(5) Subject to this rule, the Registrar must retain the documents obtained under subrule (1) until disposal of the appeal and then return them to the officers or persons from whom they were obtained.
51.25 Preparation of Appeal Book
(cf SCR Part 51, rule 31)
(1) Unless the Court directs otherwise, the Appeal Book must be prepared by the appellant in accordance with this rule.(2) It must be divided into sections in accordance with rule 51.26.(3) The pages in each section must be numbered consecutively and, if a section exceeds 300 pages, it must be bound in separate volumes of not more than 250 pages.(4) The contents must be printed, or otherwise reproduced, with a 5 millimetre margin on the right hand side of each page and evenly marked in the margin with the letters “A” to “Z”.(5) Each section must have a title page setting out the full and correct title of the proceedings, including the following:(a) title of the court below,(b) names of the solicitors for each party,(c) the address for service for each party,(d) the telephone, email address, facsimile and reference number of each party.(6) The index must follow, showing the page number where each document is reproduced and, in the case of exhibits, the page of the Black or Combined Book containing the transcript where the exhibit was marked.(7) If a section is bound in 2 or more volumes, each volume must contain an index of the entire section, unless otherwise directed by the Court.(8) This Subdivision prevails over rule 4.3 to the extent of any inconsistency.
(cf SCR Part 51, rules 32 and 32A)
(1) Subject to subrule (2), the Appeal Book must be divided into the following 4 sections:(a) the formal section in a red cover (the Red Book),(b) the transcript section in a black or grey cover (the Black Book),(c) the document section in a blue cover (the Blue Book),(d) the submissions and chronology section in an orange cover (the Orange Book).(2) If the total number of pages in the Black and Blue Books would not exceed 300, they may be combined in one book with a black or grey cover (the Combined Book).
(cf SCR Part 51, rule 33)
(1) The Red Book must contain:(a) an index, and(b) the process and pleadings of every party as last amended and any relevant earlier versions, and(c) a sealed or certified copy of the judgment or order, and(d) the reasons for judgment or summing up below, and(e) the notice of appeal and any notice of cross-appeal and, if available, the notice of contention, and(f) the transcript of the application for leave to appeal or to cross-appeal, if applicable, and(g) any affidavit filed pursuant to rule 51.22, and(h) any notice of appearance under rule 6.11 (1).(2) The pages of the Red Book must be one-sided (that is, with writing on one side of the page).
(cf SCR Part 51, rule 34)
(1) Subject to subrules (2) and (3), the Black Book must contain:(a) an index, and(b) the evidence of each witness, and(c) cross-examination, and(d) re-examination, and(e) written submissions, and(f) addresses (if available), and(g) the transcript of the hearing including, where the trial is with a jury, the return of the jury’s verdict, and(h) any written questions submitted to the jury.(2) The transcript, written submissions and addresses are to be included in the Black Book only to the extent that they are necessary for the hearing and determination of the proceedings.(3) If there is no such transcript:(a) a Black Book does not have to be prepared, and(b) a statement to the effect that a Black Book has not been prepared because there is no transcript is to be included in the Orange Book.(4) The pages of the Black Book must be two-sided (that is, with writing on both sides of the page).
(cf SCR Part 51, rule 35)
(1) Subject to subrule (5), the Blue Book must contain:(a) an index, and(b) all documents before the court below (other than those in the Red and Black Books) relevant and necessary for the hearing and determination of the proceedings.(2) An index of the Blue Book must:(a) in the case of affidavits or statements:(i) include reference to each annexure including the first page at which it appears in the book, and(ii) indicate which parts of affidavits, statements and annexures were rejected, not read, or admitted for a limited purpose, and(b) in the case of exhibits:(i) give the date of each exhibit and indicate whether it is reproduced in the Appeal Book and the page on which it is located, and(ii) refer to the exhibits in the order they have been lettered or numbered as exhibits, and(iii) refer to the pages of the Black Book where the exhibits were marked, and(iv) where an exhibit consists of a bundle of documents—list each document that forms part of the exhibit and the page on which it is located.(3) If the text of affidavits or statements is reproduced, pages or annexures not admitted in evidence must be excluded or marked to indicate their evidentiary status (as rejected, not read, or admitted for a limited purpose) unless they are relevant to a ground of appeal, cross-appeal or contention.(4) The following provisions apply to exhibits:(a) exhibits must be arranged, not in the order in which they have been lettered or numbered as exhibits, but in chronological order according to their dates or, in the case of manifestly or admittedly misdated documents, their known date,(b) if a document is undated, it must be placed in the sequence contended for by the appellant, but the appellant must inform the respondent of the proposed position and the respondent may require that a “date or order disputed” be inserted in the index against the document,(c) if the exhibits include correspondence that should be read consecutively and not interspersed among other documents, the correspondence must be arranged in chronological order and given a position together, at a convenient place, in relation to the other exhibits,(d) if the exhibits include medical reports:(i) where provided by only one doctor—they must be arranged in chronological order and given a position together, at a convenient place, in relation to the other exhibits, and(ii) where provided by more than one doctor—they must be grouped together by doctor in alphabetical order by surname at a convenient place in relation to the other exhibits and chronologically for each doctor,(e) any photographs and plans must be included unless irrelevant to the grounds of appeal, cross-appeal or contention, and if necessary reduced in size,(f) interrogatories, answers and affidavits of documents must only be included to the extent they were put in evidence.(5) If there are no such documents, a Blue Book does not have to be prepared.(6) The pages of the Blue Book must be two-sided (that is, with writing on both sides of the page).
(cf SCR Part 51, rule 35A)
(1) The Orange Book must contain:(a) the consolidated index or, if applicable, an index of its contents, and(b) the appellant’s submissions and chronology in their final form with references that comply with rule 51.36 (1) (b), and(c) the submissions and chronologies served on the appellant by other parties in their final form, and(d) any amended notice of appeal, notice of cross-appeal or notice of contention, in their final form, and(e) any statement required by rule 51.28 (3) (b).(2) The pages of the Orange Book must be one-sided (that is, with writing on one side of the page).
51.31 Disputes as to contents of Appeal Book
(cf SCR Part 51, rule 36)
(1) A party who:(a) objects to the inclusion of material in the Appeal Book on the ground that it is unnecessary or irrelevant, or(b) asserts that further material should be included,must, within 7 days of service of the relevant part of the Appeal Book on the party, serve a written notice containing the party’s objection or assertion on any other interested party.(2) The party preparing the Appeal Books may, with the consent of all other parties (other than a submitting party) add pages to, or delete pages from, the Appeal Book:(a) at any time at least 14 days before the hearing of the appeal, or(b) after that time, with the leave of the Court.(3) If an Appeal Book is amended in accordance with subrule (2), the index to the relevant section and the consolidated index are to be amended accordingly.(4) A party who asserts that additional material should be included in the Appeal Book must, unless all other parties who have not submitted have agreed to the inclusion, lodge 4 copies of the additional material and serve 3 copies at least 7 days before the hearing on each other interested party.(5) The additional material referred to in subrule (4) must be indexed and, if it consists of more than 30 pages, bound as a supplementary Black Book or Blue Book (as the case requires).
51.32 Filing, lodgment and service of sections of Appeal Book
(cf SCR Part 51, rules 37 and 37AA)
(1) The appellant must:(a) within 6 weeks of filing the notice of appeal:(i) file a copy of the Red Book, and(ii) serve 3 copies on each other interested party, and(b) not less than 4 weeks before the date fixed for hearing of the appeal, lodge a further 3 copies of the Red Book with the Registrar.(2) The appellant must, not less than 10 weeks before the date fixed for the hearing of the appeal, serve on each interested party 3 copies of each of the Blue and Black Books or, where relevant, the Combined Book.(3) The appellant must, not less than 4 weeks before the date fixed for the hearing of the appeal:(a) file 4 copies of:(i) each of the Black and Blue Books or, if relevant, the Combined Book, and(ii) the Orange Book, and(b) serve on each interested party 3 copies of the Orange Book.
51.33 Overriding obligation to file Orange Book
(cf SCR Part 51, rule 37A)
(1) The appellant must ensure that the Orange Book is filed in accordance with rule 51.32 (3) and, where necessary, must arrange to have the timetable prescribed by this Part varied by consent, or by direction of the Court, in order to achieve this overriding obligation.(2) All other parties must cooperate with the appellant to enable the appellant to comply with subrule (1).(3) If any default by another party prevents, or is likely to prevent, compliance with subrule (1), the appellant must apply promptly for a directions hearing.