Who has to file the statement of grounds for appeal to the appellate court, and from which event does the filing period run?
General information · Not legal advice
Material to check
In a practice file, we read the notice issued by the court below together with the paper showing the date the appellant or defence counsel received it, the filed statement of grounds for appeal bearing the appellate court's receipt stamp, and the appointment of counsel showing in whose name the defence is conducted.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading places the duty on either the appellant or defence counsel: either of them must submit the statement of grounds for appeal to the appellate court within the period the provision sets, counted from the day the notice under the preceding provision was received, and the provision also applies, mutatis mutandis, another provision of the same Act that it points to; what that other provision requires is outside this text.
Another reading marks the scope of this paragraph: it governs only the appellant side's filing, while the opposing party's answer comes later, counted from service of a copy of the statement, so this paragraph alone does not fix when the other side may respond, and it imposes no duty to answer, since the opposing party may submit the reply.
Your judgment
If the appellant and defence counsel each hold the notice, whose receipt date starts the period, and how could the file show it?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change who must file or the length of the period, or if a court decision decides when receipt of the notice counts as occurring.