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KSTGeneral information, not legal advice
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From what event does the time to file a statement of the grounds of appeal run, and from what event does the other side's time to answer run?

General information · Not legal advice

Material to check

In the practice file we read the notice of the appeal and the date on which the appellant or defence counsel received it, because the period for the statement of grounds runs from that day; then the proof of service of the copy of the statement on the other side, because the other side's period runs from that service.

These are types of material to look for, not evidence already verified by PRO SE.

Where readings differ

One reading takes each period as tied to its own event: the appellant or defence counsel must submit the statement of the grounds of appeal to the appeal court within the period the provision sets, counted from the day the notice was received, and the provision applies another provision of the Act to that submission by reference.

Another reading stresses the order the provision builds in: the other side's period to submit an answer begins only from the day it was served with a copy or transcript of the statement, which the appeal court must serve without delay, so a delay in that service leaves the answer period unstarted rather than shortened.

Your judgment

If the appeal court served the statement of grounds long after receiving it, how should the file show when the other side's period to answer actually began?

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 either period or its starting event, or if a court decision explains what the cross-applied provision requires of the submission, or how late service of the statement affects the answer period.

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