689Obtaining documents from inferior court

689 Obtaining documents from inferior court

(1)  On the filing in the Court of a notice of appeal from an inferior court, the registrar is to apply to that inferior court for the following documents or copies of them:

(a) any pleadings;

(b) [Rule 689 Subrule (1) amended by S.R. 2023, No. 73, Applied:29 Nov 2023] if the proceedings, or any part of the proceedings –

(i) were transcribed, the transcript of the proceedings; or

(ii) were recorded, the recording of the proceedings; or

(iii) were not transcribed or were not recorded, the judge’s notes;

(c) any affidavit or other documentary evidence filed in the inferior court.

(2)  On an application under subrule (1) , a judge of the inferior court is to deliver or cause to be delivered to the registrar the relevant documents.

(3)  If a judge of an inferior court fails to comply with subrule (2) within 14 days, a judge, on the report of the registrar or on the application of a party to the appeal, may make an order requiring the judge or officer of the inferior court to comply with that subrule.