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s 36.57

Further evidence on appeal

In force
Chapter 4Appellate jurisdiction
Part 36Appeals
Division 36.5Preparation of appeals

36.57 Further evidence on appeal

(1)

A party may apply for the Court to receive further evidence on appeal.

(2)

The application must be filed at least 20 business days before the hearing of the appeal and be accompanied by an affidavit stating the following:

(a)

briefly but specifically, the facts on which the application relies;

(b)

the grounds of appeal to which the application relates;

(c)

the evidence that the applicant wants the Court to receive;

(d)

why the evidence was not adduced in the court appealed from.

(3)

Any other party to the appeal who wants to adduce evidence on the appeal must file an affidavit at least 15 business days before the hearing of the appeal.

Note:

Section 27 of the Act allows the Court to receive further evidence on appeal.

Rules 36.58–36.70 left blank

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