Court of Appeal Rules (2001 Revision) COURT OF APPEAL LAW

Court of Appeal Rules (2001 Revision) Supplement No. 4 published with Gazette No. 4 of 12th February, 2001. COURT OF APPEAL LAW (1996 Revision) COURT OF APPEAL RULES (2001 Revision) Revised under the authority of the Law Revision Law (1999 Revision). Court of Appeal Rules, 1987 made the 12th August, 1986. Consolidated with the- Court of Appeal (Amendment) Rules, 1999 made the 12th August, 1999. Court Fees Rules, 1999 (part) made the 12th August, 1999. Consolidated and revised this 31st day of October , 2000. Court of Appeal Rules (2001 Revision) 2 Court of Appeal Rules (2001 Revision) COURT OF APPEAL RULES (2001 Revision) ARRANGEMENT OF RULES PART I-Introductory 1. Citation 2. Definitions 3. Forms 4. Times of sittings 5. Notice of sittings 6. Right of audience 7. Register of appeals 8. Enlargements or abridgement of time and departure from Rules 9. Service of documents 10. Waiver of non-compliance with Rules PART II-Civil Appeals 11. Notice of Appeal 12. Final and Interlocutory Orders 13. Respondent’s notice 14. Amendment of respondent’s notice 15. Notice of preliminary objection to be filed 16. Directions of Court as to service 17. General powers of Court 18. Powers of Court as to new trials 19. Evidence on appeal 20. Stay of execution 21. Application to Court 22. Proceedings where notes, etc., of court below not produced 23. Withdrawal of appeal 24. Application to single Judge 25. Dismissal of appeal in default of appearance 26. Non-appearance of respondent 27. Execution of judgment by court below 28. Counsel’s fees 29. Fees chargeable 30. Taxation of costs 3 Court of Appeal Rules (2001 Revision) PART III-Criminal Appeals 31. Forms of appeal, notices and questions thereon 32. Judge’s certificate under paragraph (b) of s.71 of the Law 33. Signature and service of notices 34. Notice of application for extension of time for appealing 35. Shorthand note 36. Report of court below 37. Furnishing court below with materials for reports 38. Copies of documents or exhibits 39. Registrar to notify receipt of notice of appeal 40. Legal aid to appellants 41. Fees to be prescribed 42. Person in custody in default of payment of fine 43. Paid fine to be returned if appeal successful 44. Temporary suspension of orders made on conviction 45. Recognizances and bail 46. Abandonment of appeal 47. Varying order of restitution of property 48. Judgment of the Court 49. Notification of final determination of appeals 50. Notification of appeals 51. Restrictions on issue of certificate of conviction 52. Return of original depositions, etc. 53. Attendance of witness before the Court 54. Duties of Registrar with respect to notices of appeal, etc. 55. Case reserved PART IV-Second Appeal from Grand Court 56. How appeal shall be made 57. Registrar shall prepare record 58. Application of Rules 59. Six copies of proceedings to be provided PART V-General 60. Special case 61. Case transferred upon direction Schedule: Forms 4 Court of Appeal Rules (2001 Revision) COURT OF APPEAL RULES (2001 Revision) PART I-Introductory 1. These Rules of Court may be cited as the Court of Appeal Rules (2001 Citation Revision). 2. In these Rules- Definitions “appellant” means the party appealing from a judgment, conviction, sentence or order, and includes his counsel; “counsel” means a person admitted to practise as an Attorney-at-law in the Islands; “court below” means the court from which the appeal is brought; “file” means file in the Registry of the Court, and “filed” and “filing” have corresponding meanings; “Form” means a form in the Schedule hereto; “GCR” means the Grand Court Rules made by the Rules Committee under the 1995 Revision Grand Court Law (1995 Revision); “order” includes decree, judgment, sentence, decision or direction of a court below, and references to filing of orders means the drawing up and filing of orders in accordance with GCR Order 42 rule 5; “party” means any party to the appeal, and includes his counsel; “record” means the aggregate of papers relating to an appeal (including the pleadings, proceedings, evidence and judgments’ and required by these Rules to be filed or laid before the Court on the hearing of the appeal; and “respondent” means - (a) in a civil appeal, any party (other than the appellant) directly affected by the appeal; (b) in a criminal appeal, the person who under the Law has the duty of appearing for the Crown or who undertakes the defence of the appeal. 3. The Forms or forms as near thereto as circumstances permit, shall be used in Forms all cases to which such forms are applicable. 5 Court of Appeal Rules (2001 Revision) 4. (1) Sittings of the Court shall be fixed by the President and notice thereof Terms of sittings shall be published by the Registrar in the Gazette. (2) When any fixture has been made the President may, at any time, alter the same. Notice of sitting 5. (1) At least seven days before each sitting of the Court, the Registrar shall post the cause list of the sittings on the notice board of the Court: Provided that the Court, in its discretion, may hear any appeal and deal with any other matter whether or not the same has been included in the cause list so published. (2) This rule shall not apply to the hearing of any matter by a single Judge. Right of audience 6. In all proceedings before the Court or the Registrar and in all preliminary and interlocutory proceedings and applications the parties thereto may appear in person or may be represented and appear by counsel. Register of appeals 7. (1) The Registrar shall keep separate registers of all civil and criminal appeals filed, including notices of application for leave to appeal. (2) Each register shall contain particulars of the date on which - (a) the notice of appeal or of application for leave to appeal was lodged; (b) any interlocutory order was made; (c) the record of the appeal was received; (d) the appeal was heard; and (e) judgment was delivered. Enlargements or 8. (1) Subject to section 25, the Court shall have power to enlarge or abridge abridgement of time and the time appointed by these Rules, or fixed by an order enlarging time, for doing departure from rules any act or taking any proceeding, upon such terms, if any, as the justice of the case may require, and any such enlargement may be ordered although the application for the same is not made until after the expiration of the time appointed or allowed, or the Court may direct a departure from these Rules in any other way where this is required in the interests of justice. (2) Save as may be otherwise expressly provided, applications to the Court under this rule shall be made by motion, notice of which shall be served on all the parties to the proceedings at least seven clear days before the day named in the notice for hearing the motion. (3) Every motion under subrule (2) shall be supported by affidavit, a copy of which shall be served with the notice of motion, setting out concisely the 6 Court of Appeal Rules (2001 Revision) reasons why the act or proceeding was not done or taken within the prescribed time. (4) Three copies of the motion and the supporting affidavit shall be filed for the use of the Judges. 9. Subject to any provision in these Rules relating to the service of any Service of documents particular document- (a) service of the documents mentioned in the first column hereunder shall be executed by leaving or sending a true copy thereof in the manner specified in the second column - Column 1 Column 2 (i) all documents required to be by personal service on the party served on parties to an action or his authorised agent, or on the who have not filed an address person not a party; for service or on a person not a party to the appeal (ii) all documents required to be by leaving the document at the served on parties who have an address for service with a person address for service resident at or belonging to such place; or by registered post to such address, in which case, the time of service thereof shall be the time such document would be delivered in the ordinary course of post; (b) if it be made to appear to a Judge upon application supported by affidavit that prompt personal service of a document cannot be effected he may make such order for substituted service by advertisement or otherwise as may be just. 10. Non-compliance on the part of the appellant in any criminal cause or Waiver of non- matters with these Rules or with any rule of practice for the time being in force compliance with Rules shall not prevent the further prosecution of his appeal if the Court considers that such non-compliance was not wilful, and that it is in the interests of justice that non-compliance be waived. The Court may, in such manner as it thinks right, direct the appellant to remedy such non-compliance, and thereupon the appeal shall proceed. The Registrar shall forthwith notify the appellant of any directions given by the Court under this rule where the appellant was not present at the time when such directions were given. 7 Court of Appeal Rules (2001 Revision) PART II-Civil Appeals Notice of Appeal 11. (1) An appeal to the Court shall be in Civil Form 1. (2) Notice of appeal may be given either in respect of the whole or in respect of any specified part of the judgment or order of the court below. (3) Subject to rule 16, it shall not be necessary to serve the notice on any party not directly affected by the appeal. (4) For the purposes of section 20(1), time shall be calculated from the date upon which a judgment or order (whether final or interlocutory) is filed in accordance with GCR Order 42, rule 5. (5) In any case in which leave to appeal is required, an application for leave shall be made to the court below- (a) at the time the judgment or order is pronounced; or (b) by summons or motion issued within fourteen days from the date on which the judgment or order is filed, and if leave is granted, the appellant’s notice of appeal shall be lodged within fourteen days of the date upon which the order giving leave to appeal is filed. (6) An application for leave to appeal out of time shall be made by summons or motion to a single judge. Final and Interlocutory 12. (1) For all purposes connected with appeals to the Court of Appeal, a Orders judgment or order shall be treated as final or interlocutory in accordance with subrules (2) to (7). (2) In this rule, reference to an order giving specified directions or granting a specified form of remedy or relief shall include an order- (a) refusing to give such directions or grant such remedy or relief; (b) refusing to give such directions or granting such remedy or relief on terms; (c) varying, suspending or revoking such an order; and (d) determining an appeal from such an order. (3) A judgment or order shall be treated as final if the entire cause or matter would (subject only to any possible appeal) have been finally determined whichever way the court below had decided the issues before it. (4) For the purposes of subrule (3), where the final hearing or the trial of a cause or matter is divided into parts, a judgment or order made at the end of any part shall be treated as if made at the end of the complete hearing or trial. 8 Court of Appeal Rules (2001 Revision) (5) Notwithstanding anything in subrule (3), the following orders shall be treated as final- (a) an order for discovery of documents made in an action for discovery only; (b) an order granting any relief made at the hearing of an application for judicial review; (c) an order made on an originating summons under GCR Order 85, rule 2(2)(b) or (c); (d) an order for the winding up of a company; (e) a decree absolute of divorce or nullity of marriage; (f) an order absolute for foreclosure; (g) an order as to costs made as part of a final judgment or order; and (h) an order of committal. (6) Notwithstanding anything in subrule (3), but without prejudice to subrule (5), the following judgments and orders shall be treated as interlocutory- (a) an order extending or abridging the period for the doing of any act; (b) an order for or relating to the transfer or consolidation of proceedings; (c) an order for or relating to the validity, service (including service out of the jurisdiction) or renewal of a writ or other originating process; (d) an order for or relating to the amendment of an acknowledgement of service; (e) any judgment in default or any “unless” order; (f) an order for or relating to the joinder of causes of action; (g) an order for or relating to the addition, substitution or striking out of parties; (h) an order granting relief by way of interpleader, under GCR Order 17; (i) an order for or relating to the service or amendment of any pleading; (j) an order striking out an action or other proceedings or any pleading under GCR Order 18 rule 19 or under the inherent jurisdiction of the court; (k) an order dismissing or striking out an action or other proceeding for want of prosecution; (l) an order staying proceedings or execution; (m) an order for or relating to a payment into or out of court; (n) an order for or relating to security for the costs of an action or other proceedings; 9 Court of Appeal Rules (2001 Revision) (o) subject to paragraph (a) of subrule (5), an order for or relating to the discovery or inspection of documents; (p) an order for or relating to the service of or answer to interrogatories; (q) a judgment or order on admissions under GCR Order 27 rule 3; (r) an order granting an interlocutory injunction or for the appointment of a receiver; (s) an order for or relating to an interim payment under GCR Order 29; (t) an order made under or relating to a summons for directions; (u) an order directing a trial with a jury; (v) an order for or relating to the fixing or adjournment of trial dates; (w) an order directing a new trial or a re-hearing; (x) an order relating to access to, or the custody, care, education or welfare of, a minor whether in matrimonial, wardship, guardianship or any other proceedings; (y) an order for or relating to ancillary relief in matrimonial proceedings, including a property adjustment order, an order for the payment of a lump sum and any other order making or relating to financial provisions whether of a capital or income nature; (z) a judgment or order under GCR Order 14, Order 14A or Order 86; (aa) an order setting aside or refusing to set aside another judgment or order (whether such other judgment or order is final or interlocutory); (bb) an order made for or relating to the enforcement of an earlier order (whether such earlier order is final or interlocutory) or giving further directions as to such an order and (without prejudice to the generality of the foregoing)- (i) a garnishee order nisi or a garnishee order absolute; (ii) a charging order nisi or a charging order absolute; or (iii) an order for the sale of any property by way of enforcement of an earlier order (whether such earlier order is final or interlocutory) or an order giving directions regarding any sale, or an order designed to regulate or facilitate such sale; (cc) an order for or relating to the taxation of costs or the delivery, withdrawal or amendment of bills of costs; (dd) without prejudice to paragraph (d) of subrule (5), an order made in the course of, or by way of regulation of, a liquidation and any other order ancillary to or consequential on a winding up order; (ee) an order directing or otherwise determining an issue as to limitation of actions other than as part of a final judgment or order within the meaning of subrule (3); 10 Court of Appeal Rules (2001 Revision) (ff) an order made on an originating summons under GCR Order 85, rule 2, other than such an order as is mentioned in paragraph (c) of subrule (5); and (gg) an order made on an application under GCR Order 82 rule 3A. (7) Notwithstanding anything in subrule (3)- (a) an order made under GCR Order 73 rule 2 shall be treated as final; and (b) an order made under GCR Order 73 rule 3, 4 or 4A shall be treated as interlocutory. 13. (1) A respondent who, not having appealed from the decision of the court Respondent’s notice below, desires to contend on the appeal that the decision of that court should be varied, either in any event or in the event of the appeal being allowed in whole or in part. shall give notice to that effect in Civil Form 2 specifying the grounds of that contention and the precise form of the order which he proposes to ask the Court to make, or to make in that event, as the case may be. (2) A respondent who desires to contend on the appeal that the decision of the court below should be affirmed on grounds other than those relied upon by that court shall give notice to that effect specifying the grounds of that contention. (3) Except with the leave of the Court, a respondent shall not be entitled on the hearing of the appeal to contend that the decision of the court below should be varied upon grounds not specified in his notice given under this rule, to apply for any relief not so specified, or to support the decision of the court below upon any grounds not relied upon by that court or specified in such notice. (4) Any notice given under this rule (in this Part referred to as a “respondent’s notice”) shall be filed and a copy shall be served on the appellant, and upon all parties to the proceedings in the court below who are directly affected by the contentions of the respondent, and shall be served within fourteen days after the service of the memorandum of grounds of appeal on the respondent. 14. A respondent’s notice may be amended by or with the leave of the Court at Amendment of any time. respondent’s notice 15. (1) A respondent intending to rely upon a preliminary objection to the Notice of preliminary hearing of the appeal shall give the appellant three clear days notice thereof in objection to be filed Civil Form 3 before the hearing setting out the grounds of objection, and shall file such notice together with four copies thereof with the Registrar within the same time. 11 Court of Appeal Rules (2001 Revision) (2) If the respondent fails to comply with this rule, the Court may refuse to entertain the objection or may adjourn the hearing thereof at the cost of the respondent or may make such other order as it thinks fit. Directions of Court as to 16. (1) The Court may, in any case, direct that the notice of appeal or service memorandum of grounds of appeal be served upon any party to the proceedings in the court below on whom it has not been served, or upon any person not party to those proceedings. (2) In any case which the Court directs the notice of appeal or memorandum of grounds of appeal be served on any party or person. the Court may also direct that any respondent’s notice by which the party or person is directly affected shall be served upon him. (3) The Court may in any case where it gives a direction under this rule- (a) postpone or adjourn the hearing of the appeal for such period and upon such terms as may be just; and (b) give such judgment and make such order on the appeal as might have been given or made if the persons served in pursuance of the direction had originally been parties. General powers of Court 17. (1) In relation to an appeal, the Court shall have all the powers and duties as to amendment and otherwise of the Grand Court. (2) The Court shall have full discretionary power to receive further evidence upon questions of fact, either by oral examination in Court, by affidavit or by deposition taken before an examiner or commissioner. (3) The Court shall have power to draw inferences of fact and to give any judgment and make any order which ought to have been given or made, and to make such further or other order as the case may require. (4) The powers of the Court under subrules (1), (2) and (3) may be exercised notwithstanding that no notice of appeal or respondent’s notice has been given in respect of any particular part of the decision of the court below or by any particular party to the proceedings in that court, or that any ground for allowing the appeal or for affirming or varying the decision of that court is not specified in such a notice; and the Court may make any order, on such terms as the Court thinks just, to ensure the determination on the merits of the real question in controversy between the parties. (5) The powers of the Court in respect of an appeal shall not be restricted by reason of any interlocutory order from which there has been no appeal. Powers of Court as to 18. (1) On the hearing of any appeal, the Court may, if it thinks fit - new trials 12 Court of Appeal Rules (2001 Revision) (a) set aside a verdict, finding or judgment of the court below; or (b) make such other order as could have been made by the Lord Chancellor and the Court of Appeal in Chancery on an appeal from a judgment of the Court of Chancery prior to the coming into force of the Supreme Court of Judicature Act, 1873 of the UK Act United Kingdom. (2) A new trial shall not be ordered on the grounds of misdirection, the improper admission or rejection of evidence or because the verdict of the jury was not taken upon a question which the Judge at the trial was not asked to leave to them, unless in the opinion of the Court some substantial wrong or miscarriage has been thereby occasioned. (3) A new trial may be ordered on any question without interfering with the finding or decision upon any other question; and if it appears to the Court that any such wrong or miscarriage as is mentioned in subrule (2) affects only part of the matter in controversy, or only one or some of the parties, the Court may order a new trial as to that part only, or as to that party or those parties only, and give final judgment as to the remainder. (4) In any case where the Court has power to order a new trial on the ground that damages awarded by a jury are excessive or inadequate, the Court may, in lieu of ordering a new trial- (a) with the consent of all parties concerned, substitute for the sum awarded by the jury such sum as appears to the Court to be proper; or (b) with the consent of the party entitled to receive or liable to pay the damages, as the case may be, reduce or increase the sum awarded by the jury by such amount as appears to the Court to be proper in respect of any distinct head of damages erroneously included in or excluded from the sum so awarded, but, except as aforesaid, the Court shall not have power to reduce or increase the damages awarded by a jury. (5) A new trial shall not be ordered by reason of the ruling of any Judge that a document is sufficiently stamped or does not require to be stamped. 19. Where any question of fact is involved in an appeal, the evidence taken in Evidence on appeal the court below bearing on such question shall, subject to any direction of the Court, be brought before that court- (a) in the case of evidence taken by affidavit, by the production of such affidavits, or of office copies thereof; or 13 Court of Appeal Rules (2001 Revision) (b) in the case of evidence given orally, by the production of a copy of the Judge’s notes, or by such other means as the Court may direct. Stay of execution 20. (1) Except so far as the court below or the Court may otherwise direct - (a) an appeal shall not operate as a stay of execution or of proceedings under the decision of the Court below; and (b) no intermediate act or proceeding shall be invalidated by an appeal. (2) On an appeal from the Grand Court, interest for such time as execution has been delayed by the appeal shall be allowed unless the Court or a Judge otherwise orders. Applications to Court 21. (1) Except as otherwise provided by these Rules every application to a single Judge of the Court shall be by motion. (2) Any application to the Court for leave to appeal (other than an application made after the expiration of the time for appealing) shall be made ex parte in the first instance; but, unless the application is then dismissed or it appears to the Court that undue hardship would be caused by an adjournment, the Court shall adjourn the application and give directions for the service of notice thereof upon the party or parties affected, and if, on the adjourned application, leave to appeal is refused the Court may make such order as to the costs of any such party as may be just. (3) Where an ex parte application has been refused by the court below, an application for a similar purpose may be made to the Court ex parte within seven days from the date of the refusal. (4) Wherever, under the Law or these Rules, an application may be made either to the court below or to the Court, it shall be made in the first instance to the court below. Proceedings where 22. On the hearing of an appeal, the Court shall have power, if the notes of the notes, etc., of court court below or a transcript of the evidence are not produced, or if there are no below not produced such notes or transcript, to hear and determine such appeal upon any other evidence or statement of what occurred before such court which the Court may deem sufficient. Withdrawal of appeal 23. If the appellant files with the Registrar a notice in Civil Form 4 that he desires to withdraw his appeal, the appeal shall stand dismissed with costs to the date on which such notice is filed. The appellant at the same time shall serve copies of the notice of withdrawal on all or any of the parties with regard to whom the appellant wishes to withdraw his appeal, and any party so served shall 14 Court of Appeal Rules (2001 Revision) be precluded from laying claim to any costs incurred by him after such service unless the Court shall otherwise order. 24. (1) In any case or matter pending before the Court, a single Judge may, Application to single upon application, make an order for - Judge (a) a stay of execution on any judgment appealed from pending the determination of such appeal; (b) an injunction restraining the defendant in the action from disposing or parting with the possession of the subject matter of the appeal pending the determination thereof; or (c) extension of time, and may hear, determine and make an order on any other interlocutory application. (2) Any application to a single Judge under the Law or this rule shall be made by way of summons or motion on notice. Such application shall be supported by affidavit, a copy of which shall be served with the summons or notice of motion. (3) Where an application is made by summons, an order may be made adjourning the hearing into open court. (4) Where an application made by summons is heard in open court, it shall be treated as if it were a motion. 25. (1) If the appellant fails to appear when his appeal is called on for hearing, Dismissal of appeal in the appeal may be struck out or dismissed with or without costs. default of appearance (2) When an appeal has been struck out or dismissed owing to non- appearance of the appellant, the Court may, on application by the appellant by notice of motion, supported by an affidavit, if it thinks fit, and on such terms as to costs or otherwise as it may deem just, direct the appeal to be re-entered for hearing: Provided that no application under this subrule shall be made after the expiration of twenty-one days from the date of the judgment or order sought to be set aside. 26. (1) If the respondent fails to appear when the appeal is called on for Non-appearance of hearing the Court may proceed to hear the appeal ex parte. respondent (2) Where an appeal has been heard ex parte and any judgment has been given therein adverse to the respondent, he may apply by notice of motion to the Court to set aside such judgment and re-hear the appeal, and the Court may, if it 15 Court of Appeal Rules (2001 Revision) thinks fit, and on such terms as to costs or otherwise, as it may deem just, direct the appeal to be re-entered for hearing: Provided that no application to set aside any judgment and re-hear the appeal under this subrule shall be made after the expiration of twenty-one days from the date of the judgment sought to be set aside. (3) Any such application shall be by motion supported by affidavit setting forth the reasons and grounds for the application, and the Court may thereupon in its direction set aside the judgment and order that the appeal be re-heard at such time and upon such conditions as to costs or otherwise as it may think fit. Execution of judgment 27. A certificate in Civil Form 5 under the seal of the Court and the hand of the by court below Registrar setting forth the judgment of the Court shall be filed in the court below, and the judgment shall be enforced by that court. Counsel’s fees 28. The taxing officer, when taxing the fees for professional legal services, shall adhere to the scales and practices from time to time in force in the Grand Court in relation to the taxation of costs. Fees chargeable 29. (1) The fees to be charged for witnesses shall be those provided for in the 1995 Revision Schedule to the Judicature Law (1995 Revision): Provided that the Court, in its discretion, may prescribe a higher fee. (2) An interpreter shall be paid as if he were a professional person or merchant. Taxation of costs 30. (1) Where the costs of an appeal are allowed, they may either be fixed by the Court by consent of the parties at the time when the judgment is given or may be ordered to be taxed. (2) The Registrar shall be the taxing officer. (3) Three days’ notice of taxing costs, together with a copy of the bills of cost, shall be given by the counsel of the party whose costs are to be taxed to the other party or his counsel in all cases where a notice to tax is necessary. (4) If, upon the taxation of costs, more than one-sixth is deducted from any bill of costs taxed as between party and party, no costs incurred in the taxation shall be allowed as part of such bill, nor shall such costs of taxation be charged or chargeable as between counsel and client. (5) If, upon the taxation of costs, more than one-sixth is deducted from any bill of costs taxed as between counsel and client, no costs incurred in the taxation 16 Court of Appeal Rules (2001 Revision) shall be allowed as part of such bill; and, on a taxation resulting as last mentioned, it shall be lawful for the taxing officer to assess the costs of being represented by counsel which may have been incurred by the client or other party or parties on whom notice of taxation has been served, and to sign an allocatur for the amount so assessed; and it shall be lawful for the client, or other party or parties as aforesaid, to sue out execution for the amount so assessed without any further or other proceeding. (6) Any party who may be dissatisfied with the certificate or allocatur of the taxing officer as to any item or part of an item which may have been objected to as aforesaid, may within fourteen days from the date of the certificate or allocatur or such other time as the Court or Judge, or taxing officer at the time he signs his certificate or allocatur, may allow, apply to the Court for an order to review the taxation as to the same item or part of an item, and the Court may thereupon make such order as to the Court may seem just; but the certificate or allocatur of the taxing officer shall be final and conclusive as to all matters which shall not have been objected to in manner aforesaid. (7) Any application to the Court under subrule (6) shall be by motion accompanied by an affidavit in support, and notice of such motion shall be served upon the taxing officer and upon all parties having interest therein. PART III-Criminal Appeals 31. A person desiring to appeal to the Court against conviction or sentence shall Forms of appeal, notices commence his appeal by submitting to the Registrar and to the Clerk of the Grand and questions thereon Court a notice of appeal, notice of application for leave to appeal or notice of application for extension of time within which such notice shall be given in Criminal Form 1 or 2, and in the notice or notices so sent, shall answer the questions and comply with the requirement set forth thereon, subject to rule 10. The answers to the questions which the applicant is by this rule required to make in support of his request to be present at the hearing of his appeal shall be deemed to be applications to the Court in such matter. 32. (1) The certificate of the Judge of the Grand Court under paragraph (b) of Judge’s certificate under section 7 may be in Criminal Form 3 . paragraph (b) of s.7 of the Law (2) The Grand Court may, in any case in which it considers it desirable so to do, inform the person convicted before or sentenced by it that the case is, in its opinion, one fit for an appeal to the Court under paragraph (b) of section 7 and may give to such person a certificate to that effect in Criminal Form 3. 33. (1) Every notice of appeal, notice of application for leave to appeal or Signature and service of notice of application for extension of time within which such notice shall be given notices 17 Court of Appeal Rules (2001 Revision) shall be signed by the appellant or his counsel, except under subrules (3), (4) and (5). Any other notice required or authorised to be given shall be in writing and signed by the person giving the same or by his counsel. All notices required or authorised to be given shall be addressed to the Registrar. (2) Where an appellant or applicant is a prisoner, any document to be served upon him shall be delivered to the Director of Prisons, who shall cause the same to be served on such prisoner. (3) Where an appellant or other person authorised or required to give or send any notice of appeal or notice of any application is unable to write, he may affix his mark thereto in the presence of a witness who shall attest the same, and thereupon such notice shall be deemed to be duly signed by him. (4) Where, on the trial of a person entitled to appeal, it has been contended that he was not responsible according to law for his actions on the ground that he was insane at the time that act was done or the omission made by him, any notice required to be given and signed by the appellant himself may be given and signed by his counsel. (5) In the case of a body corporate, where any notice or other document is required to be signed by the appellant, it shall be sufficient compliance therewith if such notice or other document is signed by its secretary, clerk, manager or counsel. Notice of application for 34. An application to the Court for an extension of time within which notices extension of time for may be given, shall be in Criminal Form 2. Every person making an application appealing for such extension of time shall send to the court below together with the proper form of such application, a form, duly filled up, of notice of appeal, or of notice of application for leave to appeal, appropriate to the ground or grounds upon which he desires to question his conviction or sentence, as the case may be. Shorthand note 35. (1) The shorthand-writer (if there was one) shall sign the shorthand note taken by him of any trial or proceedings, or of any part of such trial or proceedings, and certify the same to be a complete and correct shorthand note thereof; and such shorthand note shall be kept in such custody as the Registrar shall, either specially or generally, direct. (2) The shorthand-writer shall, on being directed by the court below, furnish to it for the use of the Court a transcript of the whole or of any part of the shorthand note taken by him of any trial or proceedings in reference to which an appellant has appealed under the Law. (3) A transcript of the whole or any part of any shorthand note relating to the case of any appellant which may be required for the use of the Court shall be 18 Court of Appeal Rules (2001 Revision) typewritten and verified by the person making the same by a statutory declaration in Criminal Form 4 that the same is a correct and complete transcript of the whole or of such part, as the case may be, of the shorthand-note purporting to have been taken, signed and certified by the shorthand writer who took the same. (4) On the application of a party interested in a trial or other proceedings in relation to which a person may appeal under the Law, the court below shall direct the shorthand-writer (if there was one) to furnish to such party, and to no other person, a transcript of the whole or of any part of the shorthand note of any such trial or other proceedings, on payment to the court below of a fee of two dollars per page of foolscap. (5) A party interested in an appeal under the Law may obtain from the court below a copy of the transcript of the whole or of any part of any such shorthand note as relates to the appeal on payment to the court below of a fee of two dollars per page of foolscap. (6) A transcript of any shorthand note taken of the proceedings at the trial of any appellant shall not be supplied free of charge, except by an order of the Court or a judge thereof upon an application made by an appellant or by counsel assigned to him under the Law. (7) If, for any reason, the shorthand notes (if there were any) of the proceedings at the trial are not available, or if, for any other reason, the Court so requires, the Registrar shall, if the Court directs him so to do, request the court below to furnish him with a certified copy of the whole or any part of his notes of the trial or with a report in writing, giving his opinion upon the case generally or upon any point arising upon the case of the appellant, or both, and such court shall furnish the same to the Registrar. (8) In this rule- “a party interested” means the prosecutor or the person convicted, or any other person named in or immediately affected by any order made by the court below, or other person authorised to act on behalf of a party interested as herein defined; but shall not include the Attorney-General, to whom a copy of such transcript shall be furnished free of charge. 36. (1) The Registrar shall, if in relation to any appeal the Court directs him so Report of court below to do, request the court below to furnish him with a report in writing, giving its opinion upon the case generally or upon any point arising upon the case of the appellant, and such court shall furnish the same to the Registrar. (2) The report of the court below shall be made to the Court, and the Registrar, on request, shall furnish a copy to the appellant and to the respondent. 19 Court of Appeal Rules (2001 Revision) 37. When the Registrar requests the court below to furnish a report under these Furnishing court below with materials for Rules, he shall send to such court a copy of the notice of appeal, notice of reports application for leave to appeal or any other document or information which he shall consider material, or which the Court at any time shall direct him to send or with which the court below may request to be furnished by the Registrar, to enable such court to deal in such report with the appellant’s case generally or with any point arising thereon. Copies of documents or 38. (1) At any time after notice of appeal or notice of application for leave to exhibits appeal has been given under the Law or these Rules, an appellant or respondent, or the counsel or other persons representing either of them, may obtain from the court below copies of any documents or exhibits in its possession under the Law or these Rules for the purposes of such appeals. Such copies shall be supplied by the court below on payment of a fee of two dollars per page of foolscap. (2) Where counsel is assigned to an appellant under the Law, copies of such documents or exhibits which he may request the court below to supply shall without charge be supplied, unless such court thinks that they are not necessary for the purposes of the appeal. (3) Where an appellant who is not legally represented requires from the court below a copy of any such document or exhibit in its custody for the purposes of his appeal he may obtain it free of charge if, under all the circumstances, the court below thinks it is desirable or necessary to supply the same to him. Registrar to notify 39. (1) When the Registrar has received a notice of appeal or where leave to receipt of notice of appeal is granted to any appellant, he shall - appeal (a) notify the Attorney-General; or (b) if the prosecutor is a private person, enquire if he intends to defend the appeal and, if the answer is in the negative, so inform the Attorney-General. (2) It shall be the duty of a prosecutor who declines to defend the appeal and of his counsel to furnish to the Registrar and the Attorney-General, or either of them, any information, documents, matters and things in his possession or under his control connected with the proceedings against the appellant, which the Registrar or the Attorney-General may require for the purposes of their duties under the Law. Legal aid to appellants 40. (1) The Registrar shall cause to be prepared and kept up to date, in such form as he thinks convenient, a list of counsel who are willing to act if and when nominated under the Law as counsel for appellants. 20 Court of Appeal Rules (2001 Revision) (2) When legal aid is assigned to an appellant, the Court may give such directions as to the stage of the appeal at which such legal aid shall commence. (3) The Registrar shall thereupon, subject to any special order of the Court, select from such lists or otherwise a counsel for the purpose of affording legal aid to an appellant, having regard in so doing to the counsel, if any, who represent the appellant at the trial and to the nature of the appeal. 41. The Court may prescribe the fees to be paid to counsel, which shall not Fees to be prescribed exceed in any case the fees paid to counsel in the Grand Court. 42. (1) Where a person, on his conviction, has been sentenced to pay a fine Person in custody in and in default of payment to imprisonment, and such person remains in custody in default of payment of fine default of payment of the fine, for purposes of appeal he shall be deemed to be a person sentenced to imprisonment. (2) Where any person has been convicted and is thereupon sentenced to the payment of a fine and, in default of such payment, to imprisonment, and he indicates to the court below that he is desirous of appealing to the Court against his conviction, such court may, if it thinks right so to do, order such person forthwith to enter into recognizances in such amount, and with or without sureties in such amount, as it may think right, to prosecute his appeal and, subject thereto, may order that payment of the fine shall be made at the final determination of his appeal, if the same be dismissed, to the court below, or as the Court may then order. The recognizances under this rule shall be in Criminal Forms 5 and 6. The court below shall forward the recognizances of the appellant and his surety or sureties to the Registrar. (3) If an appellant to whom subrule (2) applies does not serve, in accordance with these Rules, a notice of appeal or of abandonment of his appeal within fourteen days from the date of his conviction or sentence, the court below shall report such omission to the Court, which may, after notices in Criminal Forms 7 and 8 have been given to the appellant and his sureties, if any, order an estreat of the recognizances of the appellant and his sureties, and may issue a warrant for the apprehension of the appellant and may commit him to prison in default of payment of his fine, or may make such other order as it may think right. 43. An appellant who has been sentenced to the payment of a fine and has paid Paid fine to be returned it or part of it in accordance with such sentence shall, in the event of his appeal if appeal successful being successful, be entitled, subject to any order of the Court, to the return of the sum so paid by him. 44. (1) Where, on the conviction of a person, the court below makes an order Temporary suspension condemning such person to the payment of the whole or of any part of the costs of orders made on conviction and expenses of the prosecution for the offence of which he shall be convicted out 21 Court of Appeal Rules (2001 Revision) of any moneys taken from such person on his apprehension or otherwise, or where such court makes, on the conviction of any person before it, any order for the payment of money by such convicted person or by any other person or any order affecting the rights of property of such convicted person, the operation of such orders shall, in any such cases, be suspended until the expiration of fourteen days after the day on which any of such orders was made. In cases where notice of appeal or notice of application for leave to appeal is given within fourteen days from and after the date of the verdict against such person, such order shall be further suspended until the determination of the appeal against the conviction in relation to which it was made. The Court may, by order, annul any order to which this rule refers on the determination of any appeal under the Law or may vary such order, and such order, if annulled, shall not take effect, and, if varied, shall take effect as so varied. The court below shall keep a record of any orders to which this rule refers. (2) Where, upon the conviction of any person of any offence, the court below orders that any disqualification, forfeiture or disability attach to such person, and notice of appeal or notice of application for leave to appeal is given in respect of such conviction, sentence or order, the Court or a single Judge may, upon application, suspend such disqualification, forfeiture or disability until the determination of the proceedings upon appeal. (3) Where the court below makes any such order as mentioned in this rule on a person convicted before it, it shall give such directions as it thinks right as to the retention, by any person, of any money or valuable securities belonging to the person so convicted and taken from him on his apprehension or of any money or valuable securities at the date of his conviction in the possession of the prosecution, for a period of fourteen days or, in the event of appeal, until the determination thereof by the Court. The court below shall keep a record of any directions given under this rule. (4) When the court below, on the conviction of a person before it, makes any order for payment of money by such person or by any other person upon such conviction and, by reason of this rule, such order would otherwise be suspended, such court may, if it thinks right so to do, direct that the operation of such order shall not be suspended unless the person on whom such order has been made shall, in such manner and within such time as the court shall direct, give security by way of undertaking or otherwise for the payment to the person in whose favour such an order shall have been made of the amount therein named. Such security may be to the satisfaction of the person in whose favour the order for payment shall have been made or of any other person as the court shall direct. (5) Where, on a conviction, any property, matter or thing, the subject of the prosecution or connected therewith, is to be or may be ordered to be destroyed 22 Court of Appeal Rules (2001 Revision) or forfeited under any law or subsidiary legislation, the destruction or forfeiture, or order for destruction or forfeiture, shall be suspended for the period of fourteen days from and after the date on which the verdict on the indictment was returned and, in the event of an appeal under the Law, shall be further suspended until the determination by the Court.

(6) Where, upon conviction of any person of any offence, any claim may be made or any proceedings may be taken under any law or subsidiary legislation against such person or any other person in consequence of such conviction, such proceedings shall not be taken until after a period of fourteen days from the date on which the verdict against such person was returned nor in the event of an appeal under the Law to the Court, until the determination thereof. (7) Any person affected by any order which is suspended under this rule may, with the leave of the Court, be heard on the final determination of any appeal, before any such order is varied or annulled by the Court. 45. (1) Where the Court admits an appellant to bail pending the determination Recognizances and bail of his appeal on an application by him duly made the Court, shall specify the amounts in which the appellant and his surety or sureties (unless the Court directs that no surety is required) shall be bound by recognizance and shall direct, if it thinks right so to do, before whom the recognizances of the appellant and his surety or sureties, if any, may be taken. (2) The Registrar shall notify the appellant and the Director of Prisons of the terms and conditions on which the appellant may be admitted to bail under the Law. (3) In the event of the Court not making any special order or giving any special directions under this rule, the recognizances of the appellant and of his surety or sureties, if any, may be taken before a Justice of the Peace and shall be sent to the Registrar. (4) The recognizances provided for in this rule shall be in Criminal Forms 9 and 10. (5) The Registrar, on being satisfied that the recognizances of the appellant and his surety or sureties, if any, are in due form and in compliance with the order of the Court admitting the appellant to bail, shall send in Criminal Form 11 a notice to the Director of Prisons. This notice, when received by Director of Prisons, shall be a sufficient authority to him to release the appellant from custody. (6) An appellant who has been admitted to bail shall be personally present at every hearing of his appeal, and at the final determination thereof. The Court 23 Court of Appeal Rules (2001 Revision) may, in the event of such appellant not being present at any hearing of his appeal if it thinks right so to do, decline to consider the appeal and may proceed summarily to dismiss the same, and may issue a warrant for the apprehension of the appellant in Criminal Form 12: Provided that the Court may consider the appeal in his absence, or make such other order as it may think fit. (7) When an appellant is present before the Court, the Court may, on an application made by any person or, if it thinks right so to do, without any application, make an order admitting the appellant to bail, or revoke or vary any such order previously made, or enlarge, from time to time, the recognizances of the appellant or of his sureties or substitute any other surety for a surety previously bound as it thinks right. (8) At any time after an appellant has been released on bail, the Court may, if satisfied that it is in the interests of justice so to do, revoke the order admitting to bail, and issue a warrant in Criminal Form 12 for his apprehension, and order him to be committed to prison. (9) The Court may, on any breach of the recognizances of the appellant, if it thinks right so to do, order such recognizances and those of his surety or sureties to be estreated. (10) Where the surety or sureties for an appellant upon whose recognizances such appellant has been released on bail by the Court suspects or suspect that the appellant is about to depart out of the Islands, or in any manner to fail to observe the conditions of his recognizances on which he was so released, such surety or sureties may lay an information before a Justice of the Peace who shall thereupon issue a warrant for the apprehension of the appellant. (11) The appellant, on being apprehended under the warrant, shall be brought before a summary court, which shall on verification of the information by oath of the informant, by warrant of commitment, commit the appellant to prison. (12) The summary court on the commitment of any such appellant, shall forthwith notify the Registrar to that effect and forward to him the information and the deposition in verification thereof taken before such court, together with a copy of the warrant of commitment. (13) When an appellant has been released on bail and has, under warrant under these Rules or by his surety or sureties, been apprehended and is in prison, the Director of Prisons shall forthwith notify the Registrar who shall take steps to inform the Court thereof and the Court may give to the Registrar such directions as to the appeal or otherwise as it shall think right. 24 Court of Appeal Rules (2001 Revision) 46. (1) An appellant, at any time after he has duly served notice of appeal or of Abandonment of appeal application for leave to appeal or of application of extension of time within which such notice shall be given, may abandon his appeal by giving notice of abandonment thereof in Criminal Form 13 to the Registrar, and upon such notice being given, the appeal shall be deemed to have been dismissed by the Court. (2) Upon receipt of notice of abandonment duly completed and signed or marked by the appellant or party authorised to sign notices under rule 33, the Registrar shall give notice thereof in Criminal Form 14 to the respondent, the Director of Prisons and the court below and, in the case of an appeal against conviction involving a sentence of death, shall in like manner give notice to the Governor, and the Registrar shall also return to the court below any original documents and exhibits received from it. 47. Where, upon the trial of a person entitled to appeal against his conviction, an Varying order of order of restitution of any property to any person has been made by the court restitution of property below, the person in whose favour or against whom the order of restitution has been made and, with the leave of the court, any other person, shall, on the final hearing by the Court of an appeal against the conviction on which such order of restitution was made, be entitled to be heard by the Court before any order annulling or varying such order of restitution is made. 48. Unless the Court directs to the contrary, in cases where, in the opinion of the Judgment of the Court Court, the question for decision is a question of law on which it would be convenient that separate judgments should be pronounced by the Judges of the Court, the judgment of the Court shall be pronounced by the presiding Judge or such other Judge of the Court hearing the appeal as he may direct, and no judgment with respect to the determination of any question shall be separately pronounced by any other member of the Court. 49. (1) On the final determination of any appeal or of any application to the Notification of final Court, the Registrar shall give to the appellant, if he is in custody and has not determination of appeals been present at such final determination, and to the respondent and the Director of Prisons, notice of such determination in Criminal Forms 15 to 18. (2) In any case of an appeal in relation to a conviction involving a sentence of death, the Registrar, on receiving the notice of appeal or of any application for leave to appeal, shall send copies thereof to the Governor and to the Director of Prisons, and on the final determination of such appeal by the Court shall forthwith notify the appellant, the Governor, the respondent and the Director of Prisons. 50. (1) The Registrar at the final determination of an appeal shall notify in Notification of appeals Criminal Form 18, or in such other manner as he thinks most convenient, to the court below, the decision of the Court in relation thereto and also any orders or 25 Court of Appeal Rules (2001 Revision) directions made or given by the Court in relation to such appeal or any matter connected therewith. (2) The court below, on receiving the notification referred to in this rule, shall enter the particulars thereof on its records. Restrictions on issue of 51. The court below shall not issue, under any law authorising it so to do, a certificate of conviction certificate of conviction of any person convicted in that court if notice of appeal or notice of application for leave to appeal is given, until the determination or abandonment thereof. Return of original 52. Upon the final determination of an appeal for the purposes of which the depositions, etc. Registrar has obtained from the court below any original depositions, exhibits, indictment, information, inquisition, plea or other document usually kept by it, or forming part of the record of that court, the Registrar shall, where practicable, cause the same to be returned to the court below. Attendance of witness 53. (1) Where the Court has ordered any witness to attend and be examined before the Court before the Court, an order in Criminal Form 19 shall be served upon such witness specifying the time and place at which to attend for such purpose (2) Such order may be made on the application, at any time, of the appellant or respondent, but if the appellant is in custody and not legally represented the application shall be made in Criminal Form 20. (3) Where any witness receives an order or notice to attend before the Court, the Registrar may, if it appears to him necessary so to do, pay to such witness a reasonable sum for his expenses. (4) The appellant and the respondent and their respective counsel, if any, shall be entitled to be present at and take part in any examination of any witness to which this rule relates. Duties of Registrar with 54. Subject to section 4(2), the Registrar shall furnish the necessary forms and respect to notices of instructions in relation to notices of appeal or notices of application under Part III appeal, etc. of the Law to any person who demands the same, and to officers of courts, the Director of Prisons and such other officers or persons as he thinks fit, and the Director of Prisons shall cause those forms and instructions to be placed at the disposal of prisoners desiring to appeal or to make any application under that Part, and shall cause any such notices given by a prisoner to be forwarded on behalf of the prisoner to the Registrar. Cases reserved 55. Where a case has been reserved for the opinion of the Court under section 28, Parts I and V and the other provisions of this Part shall, mutatis mutandis, apply: 26 Court of Appeal Rules (2001 Revision) Provided that if any difficulty arises in respect of such case, the Court may give directions, either with respect to a particular case or generally, as to the procedure to be followed for the removal of such difficulty. PART IV-Second Appeal from Grand Court 56. (1) A person desiring to appeal to the Court under section 29(1) from a How appeal shall be judgment of the Grand Court given in the exercise of its appellate or revisional made jurisdiction shall commence his appeal by notice of motion. (2) Notice of appeal may be given in respect of the whole or any part of the judgment of the court below and every such notice shall specify the point or points of law relied upon by the appellant as his grounds of appeal. (3) Except with the leave of the Court, the appellant shall not be entitled on the hearing of an appeal to rely on any grounds of appeal not specified in the notice of appeal. (4) A notice of appeal shall be served upon all parties to the proceedings in the court below, and in the case of any criminal cause or matter upon the Attorney-General whether or not he is such a party. (5) Every notice of appeal shall be filed and a copy thereof shall be served under subrule (4) within fourteen days of the date on which the judgment of the court below was signed, entered, delivered or otherwise perfected. 57. When any notice of appeal has been received by the Registrar under this Registrar shall prepare Part, he shall take steps to prepare the record which shall consist of the record of record the proceedings in the court below together with copies of the notes of evidence and of argument, if any, of the court and of the judgment or order appealed against. 58. Save as is otherwise provided in this Part, Part II shall apply in the case of Application of Rules any second appeal to the Court in any civil cause or matter and Part III shall apply in the case of any such appeal in a criminal cause or matter, mutatis mutandis. 59. Six copies of the proceedings and of the notes of evidence, if any, shall be Six copies of provided by the court below in the case of any appeal to the Court under this Part proceedings to be provided and such copies shall be forwarded by such court together with copies of the judgment so appealed against to the Registrar for preparation of the record. 27 Court of Appeal Rules (2001 Revision) PART V-General Special case 60. In the case of an appeal submitted for the consideration of the Court under section 23 in the form of a special case, the other provisions of these Rules shall, mutatis mutandis, apply: Provided that if any difficulty arises in respect of any such appeal, the Court may give directions, either with respect to a particular appeal or generally, as to the procedure to be followed for the removal of such difficulty. Case transferred upon 61. Where a case has been transferred to the Court upon a direction under direction section 29(3), the other provisions of these Rules shall, mutatis mutandis, apply: Provided that if any difficulty arises in respect of any such case, the Court may give direction, either with respect to a particular case or generally, as to the procedure to be followed for the removal of such difficulty. 28 Court of Appeal Rules (2001 Revision) SCHEDULE FORMS CAYMAN ISLANDS CIVIL FORM 1 Rule 11(1) IN THE COURT OF APPEAL NOTICE OF APPEAL Between (Plaintiff/Defendant) *Appellant(s) and (Defendant/Plaintiff) *Respondent(s) TAKE NOTICE that the Court of Appeal will be moved so soon as Counsel can be heard on behalf of the above-named (Plaintiff/Defendant) *Appellant(s) On Appeal from (the whole of) *(or that part of) the judgment (or order) herein of the Honourable Mr. Justice . given (or made)* at the trial of this (action) * on the day of , 20 . Whereby it was adjudged (or ordered) (i) For an Order (ii) Dated this day of , 20 . Counsel for the above-named Appellant. To: The above-named Respondent. And to: , His Counsel *Strike out words inapplicable. (i) Here set out the whole or part of the decision complained about (ii) State the precise form of order applied for 29 Court of Appeal Rules (2001 Revision) CAYMAN ISLANDS CIVIL FORM 2 Rule 13(1) IN THE COURT OF APPEAL NOTICE BY RESPONDENTS OF INTENTION TO CONTEND THAT DECISION OF GRAND COURT BE VARIED Civil Appeal No. of 20 . Between (Plaintiff/Defendant) *Appellant(s) and (Plaintiff Defendant) *Respondent(s) TAKE NOTICE that upon the hearing of the above appeal the Respondent herein intends to contend that the decision of the (court below) dated the day of , 20 should be varied as follows-** AND TAKE NOTICE that the grounds on which the Respondent intends to rely are as follows- (1) (2) (3), etc. Dated this day of , 20 . Respondent(s) To (Appellant) and to the Registrar. *Strike out words inapplicable. **State the variations which will be asked for. 30 Court of Appeal Rules (2001 Revision) CAYMAN ISLANDS CIVIL FORM 3 Rule 15(1) IN THE COURT OF APPEAL NOTICE BY RESPONDENT OF INTENTION TO RELY UPON PRELIMINARY OBJECTION Civil Appeal No. of 20 . Between (Plaintiff/Defendant) *Appellant(s) and (Plaintiff/Defendant) * Respondent(s) TAKE NOTICE that the Respondent herein named intends at the hearing of this appeal to rely upon the following preliminary objection, notice whereof is hereby given to you, viz- AND TAKE NOTICE that the grounds of the said objection are as follows- (1) (2) (3) etc. Dated this day of , 20 . (Plaintiff/Defendant) *Respondent(s) To the above named (Plaintiff/Defendant) Appellant(s) *Strike out words inapplicable. 31 Court of Appeal Rules (2001 Revision) CAYMAN ISLANDS CIVIL FORM 4 Rule 23 IN THE COURT OF APPEAL NOTICE OF WITHDRAWAL OF APPEAL Civil Appeal No. of 20 . Between (Plaintiff/Defendant) *Appellant(s) and (Plaintiff/Defendant) * Respondent(s) TAKE NOTICE that the Appellant(s) herein desire(s) to and doth hereby wholly withdraw(s) his/her/their appeal against (all) the Respondent(s) in the above- mentioned appeal. Dated this day of , 20 . Appellant(s) The Registrar, The Court of Appeal And to Respondent(s) *Strike out words inapplicable. 32 Court of Appeal Rules (2001 Revision) CAYMAN ISLANDS CIVIL FORM 5 Rule 27 IN THE COURT OF APPEAL CERTIFICATE OF THE ORDER OF THE COURT Civil Appeal No. of 20 . Appeal from the judgment of the Grand Court dated the day of , 20 . Motion Appeal No. Between (Plaintiff/Defendant) *Appellant(s) and (Plaintiff Defendant) *Respondent(s) This appeal coming on for hearing on the day of , 20 before in the presence of for the Appellant(s) and for the Respondent(s). I HEREBY CERTIFY that an Order was made as follows- Given under my hand and the Seal of the Court this day of , 20 . Registrar *Strike out words inapplicable 33 Court of Appeal Rules (2001 Revision) CAYMAN ISLANDS CRIMINAL FORM 1 Rule 31 IN THE COURT OF APPEAL NOTICE OF APPEAL OR APPLICATION FOR LEAVE TO APPEAL AGAINST CONVICTION OR SENTENCE Civil Appeal No. of 20 . To the REGISTRAR OF THE COURT OF APPEAL Name of Appellant (1) Court Convicted at the Court (1) held at . (2) e.g. larceny, forgery, etc. Offence of which convicted (2) Sentence (3) Set out the actual date Date when convicted (3) upon which the appellant was convicted and sentenced. Date when sentence passed (3) (4) If not in custody here set Name of Prison (4) . out appellant’s address in full. (5) If the appellant wishes to I the above-named appellant hereby give you appeal against conviction he notice that I desire to appeal to the Court of must write the word Appeal against my (5) on “conviction”. If he wishes to the grounds hereinafter set forth below. appeal against sentence he must write the word “sentence”. If he wishes to appeal against both conviction and sentence he must write the words “conviction and sentence”. 34 Court of Appeal Rules (2001 Revision) (6) This notice must be (Signed) (6) signed by the appellant. If he Appellant. cannot write he must affix his mark in the presence of a witness. The name and Signature and address of address of such attesting witness attesting marks. witness must be given. (7) If this notice is signed Dated this (7) day of , 20 . more than fourteen days after conviction or sentence appealed against the appellant must also fill in Criminal Form 2 and send it with this notice. QUESTIONS (8) ANSWERS (8) The appellant must answer each of these 1. Did the judge before questions. whom you were tried grant you a certificate that it was a fit case for appeal? 2. Do you desire the Court of Appeal to assign you legal aid? If your answer to this question is “Yes” then answer the following questions - (a) What was your occupation and what wages, salary or income were you receiving before your conviction? (b) Have you any means to enable you to obtain legal aid for yourself? 3. Is any attorney now acting for you? If so give his name and address 35 Court of Appeal Rules (2001 Revision) (9) An appellant is not 4. Do you desire to be entitled to be present on the present when the Court hearing of an application for considers your appeal? (9) leave to appeal. 5. Do you desire to apply for leave to call any witnesses on your appeal? If your answer to this question is “Yes”, you must also fill in Criminal Form 20 and send it with this notice. (10) These must be filled in Grounds of Appeal or Application (10) before the notice is sent to the Registrar. The appellant must here set out the grounds or reason he alleges why his conviction should be quashed or his sentence reduced. If one of the grounds set out is “misdirection” by the Judge, particulars of such alleged misdirection must be set out in this notice. The appellant can also, if he wishes, set out, in addition to his reasons, his case and arguments fully. 36 Court of Appeal Rules (2001 Revision) CAYMAN ISLANDS CRIMINAL FORM 2 Rules 31 and 34 IN THE COURT OF APPEAL NOTICE OF APPLICATION FOR EXTENSION OF TIME WITHIN WHICH TO APPEAL To the REGISTRAR OF THE COURT OF APPEAL I, having been convicted of the offence of (1) at (1) Here state the offence e.g., the Court held larceny, forgery, etc. at on the day of , 20 . (2) State name of prison or if not in and being now in (2) give you custody, set out address in full (3) Here set out clearly and Notice, that I hereby apply to the Court of concisely the reasons for the delay Appeal for an extension of the time within in giving such notice, and the which I may give Notice of Appeal (or grounds on which you submit the Notice of Application for leave to Court should extend the time. Appeal), on the grounds following (3)- (Signed) Dated this day of , 20 . Note: Form 1 must be filled up and sent with this Notice to the Registrar. 37 Court of Appeal Rules (2001 Revision) CAYMAN ISLANDS CRIMINAL FORM 3 Rule 32(1) and (2) IN THE COURT OF APPEAL JUDGE’S CERTIFICATE In the Grand Court holden at THE QUEEN vs. WHEREAS the said was tried and convicted before me, the undersigned, in the said Court on the day of , 20 , on an indictment charging him with * and was thereupon sentenced by me to . I DO HEREBY CERTIFY that the case is a fit case for an Appeal by the said to the Court of Appeal under paragraph (b) of section 7 of the Court of Appeal Law (1995 Revision), upon the following grounds- Dated this day of , 20 . (Signed) Judge. *State shortly the offence, e.g., larceny, forgery, etc. 38 Court of Appeal Rules (2001 Revision) CAYMAN ISLANDS CRIMINAL FORM 4 Rule 35(3) IN THE COURT OF APPEAL DECLARATION VERIFYING TRANSCRIPT OF SHORTHAND NOTES Criminal Appeal No. of 20 . THE QUEEN vs. I, of do solemnly and sincerely declare that, having been required by the Clerk of the Grand Court to furnish him a transcript of the shorthand note relating to the trial (or other proceeding) in relation to which shorthand note is now produced and shown to me marked and purporting to have been signed and certified by me, I have made a correct and complete transcript thereof to the best of my skill and ability in pursuance of the said requirement. And I make this declaration conscientiously believing the same to be true and I am aware that if there is any statement in this declaration which is false in fact, which I know or believe to be false or do not believe to be true, I am liable to fine and imprisonment. Dated this day of , 20 . (Signed) 39 Court of Appeal Rules (2001 Revision) CAYMAN ISLANDS CRIMINAL FORM 5 Rule 42(2) IN THE COURT OF APPEAL RECOGNIZANCE OF APPELLANT SENTENCED TO PAYMENT OF A FINE Criminal Appeal No. of 20 . THE QUEEN vs. Be it remembered that WHEREAS of was on the day of , 20 , at the Court holden at * convicted of and was thereupon sentenced to pay the sum of $ as a fine for his said offence and has intimated to the said Court that he desires to appeal against his said conviction on a question of law alone (or upon a certificate of the Judge of the said Court that his is a fit case for appeal). AND WHEREAS the said Court considers that the said Appellant may, in lieu of payment at and upon his said conviction of the said sum, be ordered to enter into recognizance of bail himself in the sum of $ and with sureties, each in the sum of $ to prosecute his said appeal before the Court of Appeal. The said doth hereby acknowledge himself to owe to our Sovereign Lady the Queen the said sum of $ of good and lawful money to be made and levied of his goods and chattels, lands and tenements to the use of our said Sovereign Lady the Queen, her heirs and successors if he the said fails in the conditions endorsed. Taken and acknowledged this day of , 20 , before me. (Signed) Clerk of the Grand Court 40 Court of Appeal Rules (2001 Revision) CONDITION The Condition of the within written recognizance is such that if the said of shall personally appear and be present at and before the Court of Appeal at each and every hearing of his appeal to such Court, and at the final determination thereof and then and there prosecute his said appeal and abide by the judgment of the said Court, and not depart or be absent from such Court at any such hearing without leave of the said Court and to pay the said sum of $ , or such sum as the said Court may order to the Registrar thereof, then this recognizance shall be void, otherwise of full force and effect. *Here fill in the Court of Trial. 41 Court of Appeal Rules (2001 Revision) CAYMAN ISLANDS CRIMINAL FORM 6 Rule 42(2) IN THE COURT OF APPEAL RECOGNIZANCE OF SURETIES FOR APPELLANT SENTENCED TO A FINE Criminal Appeal No. of 20 . THE QUEEN vs. Be it remembered that on the day of , 20 , of (occupation) and of (occupation) personally came before the undersigned Clerk of the Grand Court and severally acknowledged themselves to owe to our Sovereign Lady the Queen the several sums following, that is to say, the said and the said the sum of $ of good and lawful money to be made and levied of their goods and chattels, lands and tenements, respectively, to the use of our said Sovereign Lady the Queen, her heirs and successors if now before the Court of Appeal fails in the condition hereon endorsed. Taken and acknowledged on the day and year first above mentioned before me. (Signed) Clerk of the Grand Court 42 Court of Appeal Rules (2001 Revision) CONDITION The Condition of the within written recognizance is such that whereas the said having been convicted of and having been sentenced to pay a fine of $ for his said offence, and having now intimated his desire to appeal on a question of law alone (or with the certificate of the Judge of this Court) to the Court of Appeal against the said conviction, and having, in lieu of payment at and upon his said conviction of the said sum of $ , been ordered to enter into recognizance of bail himself in the sum of $ and with sureties in the sum of $ if the said shall personally appear and be present at and before the Court of Appeal at each and every hearing of his appeal to such Court and at the final determination thereof, and then and there prosecute his said appeal and abide by the judgment of the said Court, and not depart or be absent from such Court at any such hearing without the leave of the said Court, then this recognizance to be void, or else to stand in full force and effect. (Signed) Surety (Signed) Surety 43 Court of Appeal Rules (2001 Revision) CAYMAN ISLANDS CRIMINAL FORM 7 Rule 42(2) IN THE COURT OF APPEAL NOTICE TO APPELLANT SENTENCED TO FINE, OF BREACH OF HIS RECOGNIZANCES Criminal Appeal No. of 20 . THE QUEEN vs. To the above-named Appellant. Whereas you were convicted on the day of , 20 , of the offence of and were sentenced to the payment of $ and in default of such payment to imprisonment, and you entered into recognizances in the sum of $ , with sureties in the sum of $ each, to prosecute your appeal, and whereas fourteen days have elapsed since your said conviction and no notice of appeal has been served by you, Now I Hereby Give You Notice that unless you attend at the sitting of the Court of Appeal to be holden on the day of , 20 , and then show good cause to the contrary, the Court may order an estreat of your recognizances and those of your sureties, or may otherwise deal with you according to law. Dated this day of , 20 . (Signed) Registrar 44 Court of Appeal Rules (2001 Revision) CAYMAN ISLANDS CRIMINAL FORM 8 Rule 42(3) IN THE COURT OF APPEAL NOTICE TO SURETY FOR APPELLANT OF ESTREAT OF RECOGNIZANCES Criminal Appeal No. of 20 . THE QUEEN vs. To* of WHEREAS you the above named, became duly bound in recognizances as surety for that the said having been convicted of and for his said offence fined the sum of $ should duly prosecute an appeal in relation to his said conviction before the Court of Appeal, and whereas the said has not so prosecuted his appeal, now I Hereby Give You Notice that at the sitting of the Court of Appeal on next your recognizances may be ordered to be estreated, unless you then show good cause to the contrary. Dated this day of , 20 . (Signed) Registrar *Fill in here Surety’s name and address. 45 Court of Appeal Rules (2001 Revision) CAYMAN ISLANDS CRIMINAL FORM 9 Rule 45(4) IN THE COURT OF APPEAL RECOGNIZANCE ON BAIL OF APPELLANT CONVICTED IN THE GRAND COURT Criminal Appeal No. of 20 . THE QUEEN vs. BE IT REMEMBERED that WHEREAS hereinafter called the Appellant was on the day of , 20 thereupon sentenced to and was and now is in the lawful custody in * . AND WHEREAS the said Appellant has duly appealed against his conviction (and sentence) to the Court of Appeal, and has applied to the said Court for bail pending the determination of his Appeal. AND WHEREAS the said Court has granted the said Appellant bail on entering into his own recognizances in the sum of $ with sureties each in the sum of $ . Now the said Appellant personally cometh before me the undersigned, and acknowledges himself to owe to our Sovereign Lady the Queen the said sum of $ of good and lawful money to be made and levied of his goods and chattels, land and tenements to the use of our said Sovereign Lady the Queen, her heirs and successors, if he the said appellant fails in the condition hereinafter set out. CONDITION The condition of the above written recognizance is such that he the said Appellant shall personally appear and surrender himself at and before the Court of Appeal at each and every hearing of his Appeal to such Court and at each and every adjournment thereof and at the final determination thereof and there abide by the judgment of the said Court and shall not depart or be absent from such Court at any such hearing or adjournment without the leave of the said Court and in the meantime shall not depart from his usual place of abode without the leave of such 46 Court of Appeal Rules (2001 Revision) Court, then this recognizance shall be void or else shall stand in full force and effect. (Signed)** Appellant Taken and acknowledged this day of , 20 , at before me. (Signed) Justice of the Peace * Insert Name of prison ** The Appellant must sign his name and set down the full postal address of the place where he intends to reside pending his appeal 47 Court of Appeal Rules (2001 Revision) CAYMAN ISLANDS CRIMINAL FORM 10 Rules 45(4) IN THE COURT OF APPEAL RECOGNIZANCE OF APPELLANT’S SURETIES Criminal Appeal No. of 20 . THE QUEEN vs. Be it remembered that on the day of , 20 , of (occupation) and of (occupation) personally came before the undersigned and severally acknowledged themselves to owe to our Sovereign Lady the Queen the several sums following, that is to say, the said the sum of $ and the said the sum of $ of good and lawful money, to be made and levied of their goods and chattels, land and tenements respectively, to the use of our said Sovereign Lady the Queen, Her heirs and successors if now in lawful custody in Her Majesty’s Prison at fails in the condition hereon endorsed. Taken and acknowledged before me the undersigned on the day and year first abovementioned. (Signed) Justice of the Peace 48 Court of Appeal Rules (2001 Revision) CONDITION The Condition of the within written recognizance is such that whereas the said having been convicted of and now in such lawful custody as before mentioned (under a sentence of for such offence), has duly appealed to the Court of Appeal against his said conviction (and sentence) and having applied to such Court for bail, pending the determination of his said appeal, has been granted bail on his entering into recognizances in the sum of $ if the said shall personally appear and surrender himself at and before the Court of Appeal at each and every hearing of his said appeal to such Court and at the final determination thereof, and then and there to abide by the judgment of the said Court, and not depart or be absent from such Court at any such hearing without the leave of the said Court and in the meantime not depart from his usual place of abode without leave of such Court, then this recognizance to be void, or else to stand in full force and effect. (Signed) Surety (Signed) Surety 49 Court of Appeal Rules (2001 Revision) CAYMAN ISLANDS CRIMINAL FORM 11 Rule 45(5) IN THE COURT OF APPEAL NOTICE TO OFFICER IN CHARGE OF PRISON TO RELEASE APPELLANT ON BAIL Criminal Appeal No. of 20 . THE QUEEN vs. To the DIRECTOR OF PRISONS WHEREAS was convicted of on the day of , 20 , (and was thereupon sentenced to ) and now is in lawful custody in . AND WHEREAS has duly appealed to the Court of Appeal against his conviction (and sentence) and having duly applied to the said Court has been granted bail by the said Court pending the determination of his said appeal on entering into recognizances himself in the sum of $ (and with sureties each in the sum of $ ), in the forms provided under these rules. And WHEREAS I, the Registrar of the said Court, have been given to understand that the said is now in your lawful custody in the said prison under the said conviction and sentence. AND WHEREAS I have received a recognizance of the said (and recognizances from sureties for the said ), and the said recognizances are in due form and in compliance with the order of the said Court of Appeal, admitting the said to bail. Now I DO GIVE YOU NOTICE that if the said do remain in your custody under the said conviction (and sentence) and for no other cause you shall on receipt of this notice suffer him to go at large. And this notice shall be your authority in that behalf. Dated the day of , 20 . Registrar 50 Court of Appeal Rules (2001 Revision) CAYMAN ISLANDS Rule 45(6) and 8 CRIMINAL FORM 12 IN THE COURT OF APPEAL WARRANT FOR ARREST OF APPELLANT ON BAIL Criminal Appeal No. of 20 . THE QUEEN vs. To the CONSTABLES OF THE ROYAL CAYMAN ISLANDS POLICE FORCE AND TO THE DIRECTOR OF PRISONS WHEREAS an Appellant in the Court of Appeal has been released by the said Court on bail, and it has now been ordered by the said Court that a Warrant be issued for the apprehension of the said .These are therefore to command you the said Constables forthwith to apprehend the said and to bring him to the Director of Prisons and there deliver him with this warrant into the custody of the said Director, and you the said Director are hereby required to receive the said into your custody in the said prison and there safely to keep him until further order of the said Court. Dated this day of , 20 . (Signed) President/Judge of Appeal. 51 Court of Appeal Rules (2001 Revision) CAYMAN ISLANDS CRIMINAL FORM 13 Rule 46(1) IN THE COURT OF APPEAL NOTICE OF ABANDONMENT Criminal Appeal No. of 20 . THE QUEEN vs. To the REGISTRAR OF THE COURT OF APPEAL I, having been convicted of in the Court at and having been delirious of appealing to the Court against my said conviction (or the sentence of passed upon me on my said conviction) do hereby give you notice that I do not intend further to prosecute my appeal, but that I hereby abandon all further proceedings in regard thereto as from the date hereof. Dated this day of , 20 . (Signed)* (or mark) Signature and address of witness attesting mark. *For signature see rule 33 52 Court of Appeal Rules (2001 Revision) CAYMAN ISLANDS CRIMINAL FORM 14 Rule 46(2) IN THE COURT OF APPEAL NOTIFICATION OF ABANDONMENT OF APPEAL Criminal Appeal No. of 20 . THE QUEEN vs. *To the ATTORNEY-GENERAL This is to give you notice that I have this day received from the above-named a notice of abandonment of all proceedings in regard to his appeal to the Court. The said notice is dated the day of , 20 . By rule 46(1) of the Court of Appeal Rules (2001 Revision), upon the notice of abandonment being given the appeal shall be deemed to have been dismissed by the Court. Dated this day of , 20 . Registrar *Send copies addressed to- (a) any respondent other than the Attorney-General; (b) the Director of Prisons; and (c) the Clerk of the Grand Court. 53 Court of Appeal Rules (2001 Revision) CAYMAN ISLANDS CRIMINAL FORM 15 Rule 49(1) IN THE COURT OF APPEAL NOTIFICATION TO APPELLANT OF RESULT OF APPLICATION Criminal Appeal No. of 20 . THE QUEEN vs. To the above-named APPLICANT This is to give you notice that the Court has considered the matter of your application for- (a) leave to appeal to the said Court; (b) leave to extend the time within which you may give notice of appeal or of application for leave to appeal; (c) permission to be present during the proceedings in your appeal; (d) admission to bail; (e) * and has finally determined the same and has this day given judgment to the effect following- Dated this day of , 20 . Registrar *Insert here nature of any other application that may have been made. 54 Court of Appeal Rules (2001 Revision) CAYMAN ISLANDS CRIMINAL FORM 16 Rule 49(1) IN THE COURT OF APPEAL NOTICE TO AUTHORITIES OF RESULT OF APPLICATION Criminal Appeal No. of 20 . THE QUEEN vs. To The ATTORNEY-GENERAL (1) This is to give you notice that the above-mentioned having applied for- (a) leave to appeal to the said Court; (b) leave to extend the time within which he may give notice of appeal or of application for leave to appeal: (c) permission to be present during the proceedings in his appeal; (d) admission to bail; (e) (2) the Court has this day finally determined his said applications and has given judgment to the effect following- Dated this day of , 20 . Registrar (1) Send copies addressed to- (a) any respondent other than the Attorney-General; (b) the Director of Prisons; and (c) the Clerk of the Grand Court. (2) Insert here nature of any other applications that may have been made. (3) Here set out the decision of the Court. 55 Court of Appeal Rules (2001 Revision) CAYMAN ISLANDS CRIMINAL FORM 17 Rule 49(1) IN THE COURT OF APPEAL ON APPEAL FROM THE GRAND COURT NOTIFICATION TO APPELLANT OF RESULT OF HIS APPEAL Case No. of 20 . Criminal Appeal No. of 20 . THE QUEEN vs. To the above-named APPELLANT c/o his Counsel, or c/o the Director of Prisons This is to give you notice that the Court, having considered the matter of your appeal, has finally determined the same and has this day given judgment to the effect following- * Dated this day of , 20 . Registrar *Here set out the decision of the Court 56 Court of Appeal Rules (2001 Revision) CAYMAN ISLANDS CRIMINAL FORM 18 Rule 49(1) and 50(1) IN THE COURT OF APPEAL ON APPEAL FROM THE GRAND COURT NOTIFICATION TO AUTHORITIES OF RESULT OF APPE4L Case No. of 20 . Criminal Appeal No. of 20 . THE QUEEN vs. To the ATTORNEY-GENERAL (1) This is to give you notice that the above named having appealed against his/her conviction/order for the offence(s) of and/or the sentence(s) of passed upon him/her by the Grand/Magistrates (2) Court for the offence of on the day of , 20 set out below- the Court of Appeal has finally determined the said appeal, and has this day given judgment therein to the effect following-(3) Dated this day of , 20 . Signed Registrar (1) Send copies addressed to- (a) any respondent other than the Attorney-General; (b) the Director of Prisons; (c) the Clerk of the Grand Court; and (d) Commissioner of Police. (2) Delete if not appropriate. (3) Here set out the decision of the Court. 57 Court of Appeal Rules (2001 Revision) CAYMAN ISLANDS CRIMINAL FORM 19 Rule 53(1) IN THE COURT OF APPEAL ORDER TO WITNESS TO ATTEND COURT FOR EXAMINATION Criminal Appeal No. of 20 . THE QUEEN vs. To of WHEREAS on good cause shown to the Court of Appeal you have been ordered to attend and be examined as a witness before such Court upon the appeal of the above-named Appellant. This is to Give You Notice to attend before the said Court on the day of , 20 at the Court of Appeal, Courts Building, George Town at o’clock in the noon. You are also required to have with you at the said time and place any books, papers or other things relating to the said appeal which you may have had notice so to produce. Dated the day of , 20 . Signed Registrar 58 Court of Appeal Rules (2001 Revision) CAYMAN ISLANDS CRIMINAL FORM 20 Rule 53(1) IN THE COURT OF APPEAL APPELLANT’S APPLICATION FOR FURTHER WITNESS Criminal Appeal No. of 20 . THE QUEEN vs. I, having appealed to the Court, hereby request you to take notice that I desire that the said Court shall order the witnesses hereinafter specified to attend the Court and be examined on my behalf. Dated this day of , 20 . You are required to fill up the following and sign the same- 1. Name and address of witness. 2. Whether such witnesses were examined at your trial. 3. If not, state the reason why there were not so examined. 4. On what matters do you wish them to be examined on the appeal. (Signed) (or mark) Appellant. Signature and address of witness attesting mark. Publication in consolidated and revised form authorised by the Governor in Council this 31st day of October, 2000. Carmena Watler Clerk of Executive Council 59