If, you are a Self Represented Litigant, in New Brunswick, Canada, however, once you file your Notice of intent to Appeal the time clock begins to count down the days, consequentially, if you required more time than is allowed, (according to Rules of Court - 4 Months) for the preparation of your final documents to be ready for submission, you will likely receive correspondence from Michael Bray office, who is the Registrar for the The New Brunswick Court of Appeal:
Request for Status Report FORM 62J from the Court of Appeal regarding 72-12-CA:
http://www.scribd.com/doc/108857807/72-12-CA-September-24-2012-Request-for-Status-Report-FORM-62J-8x11-from-the-Court-of-Appeal-regarding-72-12-CA
I have been assured by previous Registrar Michael Bray, that this occurs regularly. So much so, that the Rules of Court were amended to allow this process because the Court Dockets (the official schedule of proceedings in law suits pending in a Court of Law) were commonly "filling up" and or "backed up" with time extension motions, consequentially, it has become necessary to amend the Rules of Court to accommodate this reality.
When receiving one of these subject Request for Status Report FORM 62J from the Court of Appeal regarding 72-12-CA , all that is required of you is your explanation
within 30 days, (Please note: you
only have 30 days from receipt of letter, to file and serve your reply letter); things should be fine.
I will keep you (readers) posted as to my Request for Status Report FORM 62J, sent, therefore, to Michael Bray's office, who is the Registrar for the The New Brunswick Court of Appeal, furthermore, regarding 72-12-CA and the results thereof.
Relevant New Brunswick Rules of Court, Rule
62.15.1: (
http://www.gnb.ca/0062/regs/Rule/RULE62.pdf)
62.15.1
Failure to Perfect Appeal Within Four Months
(1) If an appeal is not
perfected within 4 months after
the date of the order,
decision or judgment appealed from,
the Registrar shall
mail a Request for Status Report (Form
62J) to the appellant’s
solicitor of record or to the appellant
if the appellant does
not have a solicitor of record and
shall mail a copy
thereof to each other solicitor of record
and to any other party
to the appeal who does not have a
solicitor of record.
(2) The appellant’s
solicitor of record or the appellant,
as the case may be,
shall respond to the Request for
Status Report within 30
days and shall send a copy of his
or her response to the
solicitors of record and to the parties
to the appeal who do not have a solicitor of record.
(3) The Registrar shall
present the response of the appellant’s
solicitor of record or
of the appellant, as the case
may be, to a judge of
the Court of Appeal who shall determine
whether a Notice of
Status Hearing (Form 62K)
should be issued and
the judge
(a) may direct the
Registrar to issue a Notice of Status
Hearing, or
(b) may, if satisfied
with the status of the appeal, direct
the Registrar to mail
another Request for Status
Report at a fixed date
if the status of the appeal is unchanged.
(4) When the appellant’s
solicitor of record or the appellant,
as the case may be,
does not respond to a Request
for Status Report or
when a judge of the Court of Appeal
so directs, the
Registrar shall
(a) obtain from a judge
of the Court of Appeal a date
for
a status hearing, and
(b)
at least 60 days before the date obtained under
clause (a) mail a
Notice of Status Hearing to the solicitors
of record and to any
party to the appeal who does
not have a solicitor of
record.
(5) The Registrar shall
certify to the judge presiding
at the status hearing
the names and addresses of the solicitors
of record and the
parties to whom the Registrar has
sent a Notice of Status
Hearing and the date of mailing
thereof.
(6) Unless the appeal
has been perfected or discontinued
before the date fixed
for the status hearing, the solicitors
of record or their
properly instructed agents and the
parties to the appeal
who do not have solicitors of record
shall attend. The
parties to the appeal who have solicitors
of record may attend on
the status hearing. Where a party
to the appeal who has a
solicitor of record does not attend,
the solicitor shall, on
the status hearing, file proof that a
copy of the notice was served on his or her client.
(7) On the status
hearing, the presiding judge may
(a) order the appeal to
be perfected within a specified
time,
(b) adjourn the status
hearing to a fixed date,
(c) dismiss the appeal,
or
(d) make such other
order as may be just.
(8) Unless the appeal
is perfected or discontinued
within the time so
ordered, the Registrar shall dismiss the
appeal for delay and
shall notify all parties to the appeal
of the dismissal.
(9) A dismissal of an
appeal under clause (7)(c) or
paragraph (8) shall be
with costs unless the judge presiding
at the status hearing orders otherwise.
