Part 4 — Civil Claims
46 Time of appeal
the Court of King's Bench,
(a) within 30 days after the judgment is given, by
(i) filing in the Court of Justice a notice of appeal setting
out the grounds of appeal, and
(ii) serving the notice of appeal on
(A) the respondent, and
(B) any other person that the Court of King's Bench
directs,
a n d
(b) by filing in the Court of King's Bench not later than 7 da ys
after the last day for service of the notice of appeal on those
parties served pursuant to clause (a)
(i) a copy of the notice of app eal referred to in clause (a)(ii),
(ii) an affidavit of service of the notice of appeal, and
(iii) a copy of the receipt evide ncing that the appellant has
ordered and paid for the transcript of the evidence heard
before the judge of the Court of Justice.
(2) The Court of King's Bench may, on application made before or
after the expiration of the periods fixed by subsection (1)(a) and
(b), by order fix a further period, not exceeding 30 days from the
date of the order, within which the service and filing referred to in
subsection (1)(a) and (b) may be effected.
(3) The appellant shall file with the Court of King's Bench, and
serve copies on those parties served pursuant to subsection
(1)(a)(ii), a transcript of the evidence heard before the judge of the
Court of Justice within 3 months of the date that the notice of
appeal is filed in the Court of King's Bench, unless an order has
been made by a judge of the Court of King's Bench prior to the
RSA 2000
expiration of the 3-month period extending the time for filing the
transcript.
(4) Where a judge of the Court of King's Bench is satisfied that a
transcript cannot be provided for the appeal, the judge may, on
application by the appellant,
(a) order that the matter be returned to the Court of Justice for a
new hearing, or
(b) make any other order that the judge considers appropriate.
RSA 2000 cP-31 s46;RSA 2000 c16(Supp) s21;2008 c32 s1;
2015 c12 s6;AR 217/2022;AR 75/2023