Podcast
Questions and Answers
What type of appeals does Order 18 primarily govern?
What type of appeals does Order 18 primarily govern?
- Complex appeals involving multiple parties
- Interlocutory matters and appeals from registrars (correct)
- Constitutional challenges against the government
- Final determinations of a trial court
Which statement best describes the nature of appeals governed by Order 19?
Which statement best describes the nature of appeals governed by Order 19?
- They typically involve less procedural complexity than Order 18.
- They only apply to cases initiated by a magistrate.
- They often pertain to more complex cases requiring extensive documentation. (correct)
- They are exclusively limited to judgments made by the Supreme Court.
What is a key characteristic of appeals under Order 18?
What is a key characteristic of appeals under Order 18?
- They can only originate from the Supreme Court.
- They provide a streamlined process for interlocutory applications. (correct)
- They require a full trial with witness testimonies.
- They involve jury trials.
In which situation would Order 19 be applicable?
In which situation would Order 19 be applicable?
What procedural step is emphasized in the appeals discussed in the lecture?
What procedural step is emphasized in the appeals discussed in the lecture?
How does the structure of appeals differ across tiers of courts?
How does the structure of appeals differ across tiers of courts?
What is the main focus of the lecture regarding appeals?
What is the main focus of the lecture regarding appeals?
What is the correct timeline for transferring an appeal that was wrongly filed to the Appellate Division?
What is the correct timeline for transferring an appeal that was wrongly filed to the Appellate Division?
What determines whether an appeal should be heard by the Court of Appeal?
What determines whether an appeal should be heard by the Court of Appeal?
Which procedure must be followed for filing an application to transfer an appeal in the Court of Appeal?
Which procedure must be followed for filing an application to transfer an appeal in the Court of Appeal?
In the context of appeal transfer, what happens once the party's submissions are filed for an Order 19 appeal?
In the context of appeal transfer, what happens once the party's submissions are filed for an Order 19 appeal?
In relation to an appeal in the Appellate Division of the High Court / Court of Appeal What is the timeline for a respondent to file their documents after being served?
In relation to an appeal in the Appellate Division of the High Court / Court of Appeal What is the timeline for a respondent to file their documents after being served?
What is the maximum page limit for an appellant's reply?
What is the maximum page limit for an appellant's reply?
Which document is NOT required to be filed by the respondent?
Which document is NOT required to be filed by the respondent?
What governs the appeal procedure for the Supreme Court registrar appeals?
What governs the appeal procedure for the Supreme Court registrar appeals?
What is the page limit for written submissions in Order 18 appeals?
What is the page limit for written submissions in Order 18 appeals?
What may not be filed by the appellant without the appellate court's order?
What may not be filed by the appellant without the appellate court's order?
How long after the registrar's decision does a party have to file a notice of appeal?
How long after the registrar's decision does a party have to file a notice of appeal?
Which rule outlines the procedures for filing appeals in Order 18?
Which rule outlines the procedures for filing appeals in Order 18?
Which document outlines the core bundles and their contents?
Which document outlines the core bundles and their contents?
What is NOT an essential aspect when filing for an appeal?
What is NOT an essential aspect when filing for an appeal?
What is a key factor differentiating an Order 18 appeal from an Order 19 appeal?
What is a key factor differentiating an Order 18 appeal from an Order 19 appeal?
Which provision outlines the scope of appeals under Order 18, Division 5?
Which provision outlines the scope of appeals under Order 18, Division 5?
What is required if permission to appeal is necessary under Order 18?
What is required if permission to appeal is necessary under Order 18?
What two appellate courts can appeals be made to from the General Division of the High Court?
What two appellate courts can appeals be made to from the General Division of the High Court?
Which aspect of Order 19 appeals is noted as being more elaborate compared to Order 18?
Which aspect of Order 19 appeals is noted as being more elaborate compared to Order 18?
What is necessary to ascertain if permission to appeal is required?
What is necessary to ascertain if permission to appeal is required?
What process might occur between the Appellate Division of the High Court and the Court of Appeal?
What process might occur between the Appellate Division of the High Court and the Court of Appeal?
What does an appeal under Order 18 primarily encompass?
What does an appeal under Order 18 primarily encompass?
In which scenario would one refer to the fifth schedule of the Supreme Court of Judicature Act?
In which scenario would one refer to the fifth schedule of the Supreme Court of Judicature Act?
What is encapsulated in Division 2 of the provisions related to appeals?
What is encapsulated in Division 2 of the provisions related to appeals?
Which of the following must be considered before proceeding with an appeal?
Which of the following must be considered before proceeding with an appeal?
When commencing an appeal, what is an essential first step?
When commencing an appeal, what is an essential first step?
What should be considered regarding timelines when preparing to appeal?
What should be considered regarding timelines when preparing to appeal?
What is a crucial element in the appeal process regarding timing?
What is a crucial element in the appeal process regarding timing?
Before beginning an appeal, what must one establish regarding the right to appeal?
Before beginning an appeal, what must one establish regarding the right to appeal?
Which division includes provisions for further appeals from the Appellate Division of the High Court?
Which division includes provisions for further appeals from the Appellate Division of the High Court?
In what scenario is there no right to appeal at all?
In what scenario is there no right to appeal at all?
Flashcards
Appeals in the Rules of Court 2021
Appeals in the Rules of Court 2021
Appeals are governed by Order 18 and Order 19 of the Rules of Court 2021.
Order 18 appeals
Order 18 appeals
Order 18 governs less complex appeals, often filed within an action, like decisions on document production, striking out, or from registrars, district judges, or magistrates on originating applications.
Order 19 appeals
Order 19 appeals
Order 19 governs more complex appeals, as opposed to Order 18.
Originating applications
Originating applications
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Interlocutory matters
Interlocutory matters
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High Court Division
High Court Division
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Appeals to the Court of Appeal
Appeals to the Court of Appeal
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Right to Appeal
Right to Appeal
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Permission to Appeal
Permission to Appeal
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Commencing an Appeal
Commencing an Appeal
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Appeal Timelines
Appeal Timelines
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Time for Appealing Starts
Time for Appealing Starts
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General Provisions Appeals
General Provisions Appeals
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High Court General Division
High Court General Division
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Appellate Division
Appellate Division
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What is the scope of Order 18 appeals?
What is the scope of Order 18 appeals?
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When is permission to appeal required?
When is permission to appeal required?
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Procedure for Permission to Appeal
Procedure for Permission to Appeal
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Appellate Division of the High Court
Appellate Division of the High Court
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Court of Appeal
Court of Appeal
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Transferring Appeals Between Courts
Transferring Appeals Between Courts
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Allocation of Appeals
Allocation of Appeals
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Appellant's Case
Appellant's Case
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Respondent's Case
Respondent's Case
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Core Bundle
Core Bundle
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Bundle of Authorities
Bundle of Authorities
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Page Limits
Page Limits
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Notice of Appeal
Notice of Appeal
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Security for Costs
Security for Costs
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Timeline
Timeline
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When is the 14-day timeline for transfer triggered?
When is the 14-day timeline for transfer triggered?
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What is the basis for the 14-day timeline for transfer?
What is the basis for the 14-day timeline for transfer?
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What is the trigger for the timeline for 'more appropriate ground' transfer?
What is the trigger for the timeline for 'more appropriate ground' transfer?
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Why does the 'more appropriate ground' timeline start after arguments?
Why does the 'more appropriate ground' timeline start after arguments?
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What is the general procedure for transferring an appeal?
What is the general procedure for transferring an appeal?
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Study Notes
Further Arguments and Appeals
- Two main topics:
- Process of making further arguments to the same court after a decision
- Procedure for appeals to higher courts
Further Arguments
- State Courts:
- Follow State Courts Practice Directions 2021, paragraph 81.
- File a "Request for Further Arguments" with the Registrar.
- Include proposed arguments and cited authorities.
- High Court General Division:
- Governed by Supreme Court of Judicature Act, Section 29B.
- Applies to decisions in the General Division's original or appellate jurisdiction.
- Not applicable to decisions after a trial.
- Must be filed before the Notice of Appeal or the earlier of the set dates.
- Appeals of further arguments must be filed:
- Before the Notice of Appeal
- Before the extracted order in question is issued or 15th day after the decision
Appeals
- Appeals are filed with a higher court to overturn or vary a lower court's decision.
- Rules of Court 2021, Order 18 and Order 19 structures are outlined for the different types of appeals.
- Appeals are made to the General Division, Appellate Division and Court of Appeal. The specifics on different appeal processes were outlined.
- Order 18 deals with less complex appeals.
- Order 19 deals with more complex appeals.
- Order 18 procedures for appeal are outlined for various court types in order in a step by step manner.
- Order 19 procedures for appeal are also outlined for various court types in order in a step by step manner.
- Evidence used for appeal
- Existing evidence previously presented to the court
- Not new evidence if it is merely to support prior arguments
- Time limits for different procedures were noted in the lecture
- Specific rules pertaining to the types of appeals are identified.
- Further procedure on appeals was detailed for various types of appeal.
Documentation for Appeals
- Specific page limits for documents in appeals
Appeals from decisions made in the State Courts
- Order 18
- Order 19
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Description
This quiz explores the procedures for making further arguments in state courts and the appeal process to higher courts. Learn the requirements for filing requests for further arguments and the rules governing appeals to ensure proper adherence to legal practices.
