New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal

Marginal note:Issue and Service of Notice of Appeal

• 63.05 (1) Subject to paragraph (2) a Notice of Appeal is issued when the original and 3 copies

  • (a) are filed in the office of the Registrar, or

  • (b) are sent by prepaid registered mail or prepaid courier addressed to the Registrar at the address set out in Rule 63.02(3).

• (2) Where the appellant is a prisoner in a penal institution and is not represented by counsel, a Notice of Appeal is issued when the original and 4 copies are served on the senior officer of the institution in which the appellant is imprisoned.

• (3) When the senior officer of a penal institution is served with a Notice of Appeal under paragraph (2) he shall

  • (a) endorse the date of service on all copies of the Notice of Appeal,

  • (b) return a copy so endorsed to the appellant, and

  • (c) forward the original and the other 3 copies to the Registrar.

• (4) Upon receiving a Notice of Appeal the Registrar shall

  • (a) assign to the Notice of Appeal a Court of Appeal file number,

  • (b) enface on the original and copies the file number and date of issue,

  • (c) forward a copy to

    • (i) the clerk of the court, if the trial was held in the Court of Queen’s Bench, or

    • (ii) the trial judge, if the trial was held in the Provincial Court,

  • (d) if the appellant is an accused or a defendant

    • (i) retain and file the original,

    • (ii) forward a copy to the Attorney General, and

    • (iii) return a copy to the appellant,

  • (e) if the appellant is the Attorney General or counsel instructed by him, or an informant,

    • (i) return the original to the appellant, and

    • (ii) retain and file a copy.

• (5) Where the appellant is an accused or a defendant the forwarding by the Registrar to the Attorney General of a copy of the Notice of Appeal is deemed to be service on the respondent.

• (6) An appellant who is not an accused or defendant shall, within 15 days after the Notice of Appeal is issued or such extended time as the Court of Appeal or a Judge allows, serve the Notice of Appeal on the respondent or such other person as a Judge directs, in the manner prescribed by Rule 18 for the service of originating process or in such manner as a Judge directs.

• (7) Where a convicted person not represented by counsel commences an appeal and subsequently retains counsel, the counsel shall immediately give written notice to the respondent and to the Registrar of his retention and his address for service.