Appeals to Supreme Court—discontinuance of appeal
5171 Appeals to Supreme Court—discontinuance of appeal
An appellant may discontinue the appeal or a part of the appeal—
without the Supreme Court’s leave, at any time before the hearing of the appeal; or
only with the Supreme Court’s leave, at the hearing or after the hearing and before judgment.
Pt 6.2 (Applications in proceedings) applies to an application for leave or an order under this rule.
However, if the appeal is an appeal in a criminal proceeding from an order of the Magistrates Court by an appellant other than the director of public prosecutions, the appeal may be discontinued before the hearing of the appeal only with—
the agreement of the director of public prosecutions; or
the leave of the Supreme Court.
Pt 6.2 (Applications in proceedings) applies to an application for leave or an order under this rule.
Also, if the appeal is to be decided by written cases under part 5.8 (Written cases), an appellant may discontinue the appeal or a part of the appeal—
without the Supreme Court’s leave, at any time before, or on, the last day that the appellant may file written submissions under rule 5856 (3) (Written cases—filing etc written case for appeal); or
only with the Supreme Court’s leave, at any time after the last day mentioned in paragraph (a), but before judgment.
The appellant may discontinue the appeal by filing a notice of discontinuance in the Supreme Court, and serving a stamped copy of the notice on each party to the appeal.
See approved form 5.8 (Supreme Court—notice of discontinuance of appeal) AF2006-392.
If the appeal or a part of the appeal is discontinued—
the appeal or part of the appeal is abandoned by the appellant; and
the discontinuance does not affect any other appellant in the appeal.
If an appeal in a criminal proceeding from an order of the Magistrates Court by an appellant other than the director of public prosecutions is discontinued, the court may make any order it could make under the Magistrates Court Act 1930, section 218 that is appropriate to deal with the effect of the discontinuance on the stay under that Act, section 216.
If the appeal or part of the appeal is discontinued in a civil proceeding, the appellant must pay the costs of the other parties caused by the appeal or part of the appeal discontinued, unless the Supreme Court otherwise orders.
The Supreme Court may make an order under subrule (7) on application by a party to the appeal or on its own initiative.
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