Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 13 July 2020 at 01:55)
Part 51 Division 4 Subdivision 1
Subdivision 1 Making applications for leave
51.10   Filing and service of summons seeking leave to appeal
(cf SCR Part 51, rule 4(1), (3) and (5)–(7))
(1)  A summons seeking leave to appeal must be filed and served on each necessary party—
(a)  if a notice of intention to appeal has been filed and served under this Part—within the time allowed under rule 51.9, or
(b)  in any other case—within 28 days after the material date.
Note.
 A person who files and serves a summons seeking leave to appeal must also file or lodge a copy of the summons with the court below—see rule 51.42.
(2)  The Court may extend time under subrule (1)(b) at any time.
Note.
 Rule 51.9 provides for the extension of time for the filing and service of a relevant originating process where a notice of intention to appeal has been filed and served under this Part.
(3)  An application under subrule (2) may be included in the summons seeking leave to appeal.
(4)  A summons seeking leave to appeal must state whether the appellant has filed and served a notice of intention to seek leave to appeal, and the date the notice was served on the prospective respondent or on the last of the prospective respondents.
51.11   Filing and service of cross-summons seeking leave to cross-appeal
(cf SCR Part 51, rule 4(2), (4) and (5)–(7))
(1)  A respondent who requires leave to cross-appeal must file a cross-summons seeking leave to cross-appeal and serve it on each necessary party within—
(a)  28 days after the filing of a summons seeking leave to appeal, or
(b)  28 days after the filing of a notice of appeal,
whichever is the earlier.
Note.
 A person who files and serves a cross-summons seeking leave to cross-appeal must also file or lodge a copy of the cross-summons with the court below—see rule 51.42.
(2)  The Court may extend time under subrule (1) at any time.
(3)  An application under subrule (2) may be included in the cross-summons seeking leave to cross-appeal.