Within 30 days of filing the appeal record, the appellant must serve you with a transcript extract book if his or her factum contains a reference to oral testimony heard in the court appealed from. Rule 27 provides details about transcript extracts.
If you need to explain oral testimony references in your own factum, you will also have to prepare your own transcript extract book. The judges will not have the full transcript in front of them at the hearing, and unless you provide a transcript extract, they will not be able to follow along when you are referring to testimony that was given at the previous hearing. For this reason, you must include all parts of the transcript that are important to your case. Use Form 13.
The completion instructions on the back of Form 13 tell you exactly how your transcript extract book must appear. Be sure to follow those instructions carefully. For example, it must be bound in a red cover, the pages in the book (except the index), must be printed on the left, the volumes numbered, and so on.
Within 30 days of receiving the appellant’s factum, you must:
- file four copies of the transcript extract book in the registry for use by the court, plus extra copies to serve on every appellant (and respondent); and
- serve one filed copy of the transcript extract book on each appellant (and respondent).
Your transcript extract book is normally filed together with your factum.