sec.786Notice of appeal

### sec.786 Notice of appeal A notice of appeal must be in the approved form and, in addition to the requirements of rule 747 (1) — state the name and last known address of each respondent; and state whether the appellant will seek to put further evidence before the court; and if further evidence is to be put before the court, briefly state the nature of any evidence the applicant will seek to put before the court and what is sought to be proved; and have on it the information required to be on an originating process under rule 17 . Within 14 days after service on the respondent of the notice of appeal, the respondent, if the respondent wishes to participate in the appeal, must file a notice of address for service in the approved form and then serve a copy on the appellant. The notice of address for service must have on it the information required to be on an originating process under rule 17 . Subrules (2) and (3) do not apply if the respondent files a notice of cross appeal under rule 754 or a notice of contention under rule 757 . If the leave of the court is required, the proceeding must be commenced by filing a notice of appeal subject to leave in the approved form. Subrule (1) applies to a notice of appeal subject to leave with any changes necessary. If the court gives leave to appeal— the appellant must serve notice of the giving of leave on each respondent; and subrules (2) and (3) apply as if the reference to service of the notice of appeal were a reference to service of the notice of the giving of leave. Nothing in subrules (5) to (7) prevents the parties agreeing that an appeal subject to leave may be heard by the court with or immediately after the application for leave. (sec.786-ssec.1) A notice of appeal must be in the approved form and, in addition to the requirements of rule 747 (1) — state the name and last known address of each respondent; and state whether the appellant will seek to put further evidence before the court; and if further evidence is to be put before the court, briefly state the nature of any evidence the applicant will seek to put before the court and what is sought to be proved; and have on it the information required to be on an originating process under rule 17 . (sec.786-ssec.2) Within 14 days after service on the respondent of the notice of appeal, the respondent, if the respondent wishes to participate in the appeal, must file a notice of address for service in the approved form and then serve a copy on the appellant. (sec.786-ssec.3) The notice of address for service must have on it the information required to be on an originating process under rule 17 . (sec.786-ssec.4) Subrules (2) and (3) do not apply if the respondent files a notice of cross appeal under rule 754 or a notice of contention under rule 757 . (sec.786-ssec.5) If the leave of the court is required, the proceeding must be commenced by filing a notice of appeal subject to leave in the approved form. (sec.786-ssec.6) Subrule (1) applies to a notice of appeal subject to leave with any changes necessary. (sec.786-ssec.7) If the court gives leave to appeal— the appellant must serve notice of the giving of leave on each respondent; and subrules (2) and (3) apply as if the reference to service of the notice of appeal were a reference to service of the notice of the giving of leave. (sec.786-ssec.8) Nothing in subrules (5) to (7) prevents the parties agreeing that an appeal subject to leave may be heard by the court with or immediately after the application for leave. - (a) state the name and last known address of each respondent; and - (b) state whether the appellant will seek to put further evidence before the court; and - (c) if further evidence is to be put before the court, briefly state the nature of any evidence the applicant will seek to put before the court and what is sought to be proved; and - (d) have on it the information required to be on an originating process under rule 17 . - (a) the appellant must serve notice of the giving of leave on each respondent; and - (b) subrules (2) and (3) apply as if the reference to service of the notice of appeal were a reference to service of the notice of the giving of leave.