C-25.01 - Code of Civil Procedure

Section 383 Disposition versions

2016-01-01

383. The appellate clerk sets an appeal down for hearing as soon as it is ready to be heard, that is, once the appeal record has been completed by the filing of all the briefs or memorandums, or when the Court of Appeal so orders.

If the appeal concerns a person’s release or personal integrity, it is set down to be heard at the earliest opportunity after the appellant’s brief is filed.

If the respondent has not filed nor notified a brief or a memorandum within the allotted time, the appeal is nevertheless set down by the appellate clerk for hearing.

An appellate judge or the appellate clerk may strike an appeal from the roll and postpone the hearing to a later date.

2014, c. 1, a. 383.