Record of Appeal and Appellant’s Case (O. 57, r. 9)
9.—(1) Within 2 months after service of the notice referred to in Rule 5(2), the appellant must file —
(a)
one copy of the record of appeal or, in the case of a further appeal from the Appellate Division, one copy of the supplemental record of appeal;
[S 1043/2020 wef 02/01/2021]
(b)
subject to Rule 9A, the Appellant’s Case referred to in that Rule; and
(c)
a core bundle of documents (referred to in this Order as the core bundle),
and serve a copy each thereof on every respondent to the appeal or his solicitor except that if the appeal is to be heard by a Court of Appeal consisting of 2 Judges, these documents shall be filed and served within one month after service of the notice referred to in Rule 5(2).
[S 1043/2020 wef 02/01/2021]
(2) The record of appeal shall consist of a copy each of —
(a)
the notice of appeal;
(b)
the certificate of payment of security for costs;
(c)
the record of proceedings referred to in Rule 5(3);
(ca)
the affidavits of evidence-in-chief;
(d)
the documents in the nature of pleadings;
(e)
other documents, so far as are relevant to the matter decided and the nature of the appeal; and
(f)
the judgment or order appealed from.
(2AA) In a further appeal from the Appellate Division —
(a)
the record of appeal filed under Order 56A, Rule 8(1) stands as the record of appeal in the Court of Appeal; and
(b)
the supplemental record of appeal consists of a copy each of —
(i)
the notice of appeal to the Court of Appeal;
(ii)
the certificate of payment of security for costs in respect of the appeal to the Court of Appeal;
(iii)
the record of proceedings mentioned in Rule 5(3);
(iv)
the order granting leave to appeal to the Court of Appeal; and
(v)
the Cases filed under Order 56A, Rule 9.
[S 1043/2020 wef 02/01/2021]
(2A) The core bundle shall contain —
(a)
a copy of the grounds of the judgment or order referred to in Rule 5(1);
(b)
[Deleted by S 612/2001]
(c)
other documents, including notes of evidence, pleadings and affidavits, or portions thereof, that are relevant to any question in the appeal or will be referred to in the Appellant’s Case, the Respondent’s Case or the joint Case or at the appeal;
(d)
the judgment or order appealed from; and
(e)
an index of the documents included therein, which shall cross-refer each document to its location in the record of appeal or joint record of appeal, as the case may be.
(3) A draft index of the documents to be included in the record of appeal shall be sent by the appellant’s solicitor to the solicitors for the respondents who or (if more than one) any of whom may within 3 days object to the inclusion or exclusion of any document. Where in the course of preparation of the record one party objects to the inclusion of a document on the ground that it is unnecessary or irrelevant and the other party nevertheless insists on its being included, the record, as finally printed or typed shall, with a view to the subsequent adjustment of the costs of and incidental to such document, indicate, in the index of papers, or otherwise, the fact that, and the party by whom, the inclusion of the document was objected to.
(4) Where an appellant omits to comply with paragraph (1), the appeal shall be deemed to have been withdrawn, but nothing in this Rule shall be deemed to limit or restrict the powers of extending time conferred upon the Court of Appeal.
(4A) If all the parties to an appeal that is deemed to have been withdrawn under paragraph (4) consent to the payment —
(a)
of any sum lodged in Court or any sum held pursuant to a solicitor’s undertaking as security for the costs of the appeal to the appellant, and the appellant files the document signifying such consent signed by the parties or by their solicitors, then any sum lodged in Court as security for the costs of the appeal is to be paid out to the appellant or any solicitor’s undertaking is to be discharged; or
(b)
of any sum lodged in Court or any sum held pursuant to a solicitor’s undertaking as security for the costs of the appeal to the respondent, and the respondent files the document signifying such consent signed by the parties or by their solicitors, then any sum lodged in Court as security for the costs of the appeal is to be paid out to the respondent or any solicitor’s undertaking is to be discharged.
[S 1043/2020 wef 02/01/2021]
(5) In the event of a cross-appeal, a joint record of appeal may be filed if all the parties to the appeal and the cross-appeal consent.
(6) Written notice of intention to file such a joint record must be given to the Registrar within the time specified in paragraph (1).
(7) Subject to paragraph (5), any party to the appeal or the cross‑appeal may apply to the Registrar for directions as to the filing of the record of appeal.
