Appeals to Court of Appeal—serving application for leave to appeal out of time
5335 Appeals to Court of Appeal—serving application for leave to appeal out of time
The applicant for leave to appeal out of time must, not later than 3 days after the day the application is filed, serve the following on each person who was a party to, or given leave to intervene in, the proceeding in which the final judgment appealed from was given:
a sealed copy of the application;
a stamped copy of the supporting material for the application.
The documents mentioned in subrule (1) must be served—
personally; or
See r 6405 (How document is personally served). A number of rules provide that particular kinds of non-personal service are taken to be personal service eg r 6431 (Service on corporations—generally). Also, service may be done in another way eg by substituted service (see r 6460 (Substituted service)).
on the person at the person’s address for service in the proceeding in which the final judgment appealed from was given.
Address for service is defined in the dictionary.
See r 6420 (Ordinary service—address for service).
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.