2.3 Schedule the appeal for hearing (if the appellant does not)

Last Reviewed: June 2022 Reviewed by: JES

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Rule 33 explains that the appellant should obtain a hearing date for the appeal and file and serve a notice of hearing of appeal (Form 5). The notice should attach a copy of each order being appealed from in the form that the order was entered in the court appealed from.

If the appellant has failed to follow the steps in Rule 33 and you have filed your factum, then Rule 34 allows you, as a respondent, to schedule the appeal for a hearing instead. Follow these steps:

  1. Obtain a hearing date from the Registry (you should communicate with the other parties to find a date that works for everyone).
  2. Not more than 5 days after obtaining the hearing date, you must file and serve a notice of hearing of appeal in Form 5 and attach a copy of each order being appealed from in the form that the order was entered in the court appealed from.

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Rule 34 Respondent may obtain hearing date

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