Commonwealth Numbered Regulations

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1979 No. 140 FEDERAL COURT RULES - RULE 52.25

Collection of papers
25. (1) Before the date appointed for settling the appeal papers, the
appellant shall obtain and file in the Registry-

   (a)  the reasons for judgment or the summing up of the court or judge below
        certified by the proper officer below; and

   (b)  a copy of the transcript of the proceedings below obtained from a
        Court Reporting Branch and corrected in accordance with sub-rules (3)
        and (4).

(2) If evidence was given orally but a copy of the transcript referred to in
paragraph (1) (b) is not available-

   (a)  if notes of the evidence were taken by the presiding judge in the
        court below, the appellant shall, subject to any direction by the
        court or judge below obtain a copy of the notes and file the same in
        the Registry; or

   (b)  if notes of evidence are not obtainable pursuant to paragraph (a), the
        parties shall prepare a report of the evidence, which, subject to the
        directions of the court or judge below, shall be certified by the
        proper officer below, and shall be filed by the appellant in the
        Registry.

(3) Where the appellant obtains a copy of the transcript referred to in
paragraph (1) (b) he shall-

   (a)  correct any errors that appear in it;

   (b)  submit a list of his corrections to the respondent; and

   (c)  afford the respondent a reasonable opportunity of examining the
        transcript and corrections.

(4) If the parties disagree upon the accuracy of any part of the transcript,
or are unable to agree upon a correction, the question shall be submittted to
the proper officer of the court or judge below for the directions of the court
or judge on that matter.



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