Cross‑appeal
42.08 Cross‑appeal
42.08.1 A respondent who wishes to appeal from a part of the judgment below, or who seeks a variation of part of that judgment may, within 7 days after service upon that respondent of the notice of appeal, file a notice of cross‑appeal.
42.08.2 A notice of cross‑appeal shall:
be in Form 26;
state what part of the judgment below the respondent cross‑appeals from, or contends should be varied;
briefly, but specifically, set out the grounds relied upon in support of the cross‑appeal; and
specify the relief which the respondent seeks in place of the order of the court below or the variation of that order which the respondent seeks.
42.08.3 Rules 42.14 and 42.15 apply with the necessary adaptation to a cross‑appeal.
42.08.4 A cross‑appellant will be entitled to proceed with the cross‑appeal only if special leave, which may be sought when the appeal is called on for hearing, is granted.
42.08.5 Where a respondent does not seek a discharge or variation of a part of the judgment actually pronounced or made, but contends that the judgment ought to be upheld on the ground that the court below has erroneously decided, or has failed to decide, some matter of fact or law, it is not necessary to give a notice of cross‑appeal, but that respondent shall file and serve, within the time limited by rule 42.08.1, a notice of that contention in Form 27.
This Act’s bill:Explanatory statement
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