LEGAL PRINCIPLE: APPELLATE PRACTICE – Leave to Appeal – Principles for Granting Leave – Necessity to Disclose Prima Facie Good Cause

Extension of time to appeal requires two elements: (1) Explanation of delay: Applicant must explain why appeal wasn’t filed within prescribed period—reasons for delay, circumstances causing lateness, and showing delay wasn’t deliberate or negligent. (2) Prima facie good cause: Must disclose appeal grounds showing prima facie merit—reasonable prospect of success, arguable grounds, and appeal not frivolous. “Prima facie show good cause” means: grounds appear meritorious on face, don’t require extensive proof at this stage, but demonstrate appeal isn’t hopeless. This serves: preventing frivolous out-of-time appeals, requiring applicants to demonstrate both excuse for delay and merit in appeal, and balancing finality (time limits) against access to justice (meritorious late appeals). Courts won’t grant extension merely because: delay is explained (merit still required), or grounds exist (delay must be explained). Both elements are essential. “Good cause” includes: prima facie error in judgment (Principle 554), important legal question, or substantial grounds suggesting appeal has prospects. This prevents: automatic extensions regardless of merit, late appeals on hopeless grounds, and abuse of extension mechanism. The dual requirement ensures: only meritorious appeals with adequate explanation for delay receive extensions, balancing respect for time limits against preventing injustice from time-barring meritorious appeals.