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Court Procedures Rules
5191Appeals to Supreme Court—want of prosecution of
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5191 Appeals to Supreme Court—want of prosecution of
this part; or
out of time) under this part.
(a) a person applying for further time to apply for leave to appeal
(b) an applicant for leave to appeal (or leave to appeal out of time)
(c) a person appealing under this part.
Rule 5191
(2) This rule applies if an appellant—
(a) has not done anything required to be done under these rules
during a period of 3 months after the day the requirement arises;
or
(b) otherwise has not prosecuted the appellant’s appeal with
appropriate effort during a period of 3 months after the day the
last step in the proceeding was taken.
(3) The Supreme Court may—
(a) order that the appeal be dismissed for want of prosecution and
confirm the order appealed from; or
(b) on its own initiative, set a time for the doing of a thing required
to be done in relation to the appeal and—
(i) at the same time order that, if the appellant does not do the
thing within the time, the appeal will be dismissed for want
of prosecution and the order appealed from confirmed; or
(ii) if the appellant does not do the thing within the time—
order that the appeal be dismissed for want of prosecution
and confirm the order appealed from; or
(c) make any other order the Supreme Court considers just.
(4) A respondent may apply to the Supreme Court to require the appellant
to show cause why the appeal should not be dismissed for want of
prosecution.
subrule.
(5) On the hearing of the application, the Supreme Court may make an
order mentioned in subrule (3).
(6) An order mentioned in subrule (3) (b) may be amended at any time
before the appeal is dismissed for want of prosecution and, in special
circumstances, may be amended or revoked after that time.
Rule 5192