5413Appeals to Court of Appeal—cross-appeal

5413 Appeals to Court of Appeal—cross-appeal (1) If a respondent wants to appeal from all or part of the order appealed from, or wants an amendment of the order, the respondent need not start a substantive appeal. (a) file a notice of cross-appeal in the court not later than 28 days after the day the notice of appeal is served on the respondent, or not later than any further time allowed by the Court of Appeal; and (b) serve a sealed copy of the notice of cross-appeal, not later than 7 days after the day the notice of cross-appeal is filed, but no later than 5 days before the day for settling the appeal papers, unless the Court of Appeal otherwise orders, on the following: by the order that the respondent seeks. Note 1 See approved form 5.12 (Court of Appeal—notice of cross-appeal) AF2015-56. Note 3 For the use of a notice of contention instead of a notice of cross-appeal, see r 5416. (3) The notice of cross-appeal must state— (a) whether the appeal is from all or part of the order or seeks an amendment of the order; and (b) if the appeal is from part of the order or seeks an amendment of the order—the part the respondent cross-appeals from; and Rule 5413 (i) the order that the respondent seeks instead of the order cross-appealed; or (ii) the amendment of the order that the respondent seeks; and (d) whether the respondent will seek to put further evidence before the Court of Appeal; and (e) if further evidence is to be put before the Court of Appeal— briefly the nature of the evidence and what is sought to be proved; and contended that there is an error of law in the order appealed (4) The notice of cross-appeal must be accompanied by a 1-paragraph (about 250 words) summary (the case summary) of— (a) the order appealed from; and (b) the grounds relied on in support of the appeal. (5) On the hearing of a cross-appeal, the respondent bringing the cross-appeal must not, without the Court of Appeal’s leave— (a) raise any question that is not stated in the notice of cross-appeal; or cross-appeal; or notice of cross-appeal. Rule 5414