Principle

APPELLATE PRACTICE – Brief Writing – Competence of Brief – Brief Based on Proposed Grounds of Appeal Not Yet Filed Is Incompetent

Area of law
APPELLATE PRACTICE
Court
Supreme Court

A brief based on proposed grounds of appeal not yet filed is incompetent. Counsel cannot file a brief on grounds that are not yet part of the notice of appeal—even if notice is given that leave will be sought. The proper procedure is to obtain…

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