The Court Martial Appeal Court Rules 2009

Respondent’s notice

36.—(1) A person on whom an appeal notice under rule 33 or an advance notice under rule 34 has been served may serve a respondent’s notice, and must do so if—

(a) that person wants to make representations to the court;

(b) the registrar so directs; or

(c) a judge of the court so directs.

(2) A party serving a respondent’s notice must serve it on—

(a) the appellant;

(b) those persons listed in rule 32(2).

(3) Subject to rule 38, the respondent must serve the respondent’s notice not more than five days after—

(a) the day on which he was served with the appeal notice;

(b) the day on which he was served with the advance notice;

(c) a direction to do so.

(4) The respondent’s notice must—

(a) state the date on which the respondent was served with the appeal notice;

(b) state any ground of opposition on which the respondent relies, numbering them consecutively (if there is more than one), concisely outlining each argument in support and identifying the ground of appeal to which each relates;

(c) summarise any relevant facts not summarised in the appeal notice;

(d) identify any authorities the respondent considers relevant;

(e) include or attach any application for the following, stating the reasons for the application—

(i) an extension of time in which to serve the respondent’s notice;

(ii) permission to adduce evidence; and

(f) identify any other document or thing that the respondent thinks the court will need to decide the appeal.