--(1) The court may not hear a procedural appeal from a decision made in the course of the trial or final hearing of the proceedings.
--(2) The general rule is that a procedural appeal is to be determined by two judges of the court.
--(3) The hearing of the appeal may take place in chambers.
--(4) The hearing shall take place not more than 56 days after the notice of appeal was filed and, for the purposes of this paragraph, time shall not run during the vacations specified in rule 79.1(2).
--(5) The written submissions in support of the appeal shall be filed within 21 days of the filing of the notice of appeal failing which the appeal shall be dismissed unless the court extends the time for the filing of the submissions.
--(6) The written submissions may be filed electronically in accordance with these Rules.
--(7) The written submissions in response are to be filed within 14 days of the receipt of the written submissions of the Appellant.
--(8) The written submissions filed in a procedural appeal are to be formatted as follows:
----(a) bound;
----(b) paginated;
----(c) tabulated;
----(d) produced in accordance with Rule 2.11;
----(e) typed in font Courier size 12.
--(9) The written submissions filed by either party in a procedural appeal are to be limited to five thousand (5000) words.
--(10) Each party shall lodge with his submissions three bundles containing photocopies of the authorities upon which he will rely at the hearing which bundles are to be bounded, indexed and labelled.
--(11) Each party shall mark on the photocopies of his authorities the relevant passages by a vertical line in the margin.
--(12) Each bundle shall not contain more than five authorities unless the issues in the appeal justify more extensive citation.
--(13) Procedural appeals may be determined without an oral hearing.
--(14) At any oral hearing of a procedural appeal each party is limited to a speaking time of not more than 20 minutes inclusive of rejoinder, unless the judges decide otherwise.
--(15) The judges may exercise any power of the court whether or not any party other than the appellant has filed or served a counter notice.
--(16) The decision and the reasons for it may be given orally but in any event, shall be given promptly.
--(17) The judges, may, however direct that the appeal be heard by the court.
--(18) Such an order may only be made where the judges consider that the decision may be of general importance and affect persons, other than the parties in the particular appeal.
Notes
Amended by Legal Notice 159 of 2018.
Amended by Legal Notice 126 of 2011. A motion was made by Senator Faris Al-Rawi to negative this amendment (see Order Paper) but the said motion was withdrawn.
Amended by Legal Notice 140 of 2000.
A Practice Direction in relation to procedural appeals was issued by the Honourable Chief Justice pursuant to rule 4.2(2) of the Rules and dated July 24th 2006.
Back to Part (64. Appeals to the Court of Appeal)