LEGAL PRINCIPLE: APPELLATE PRACTICE – Time for Filing Brief – Time Runs from Notice of Ready Record
PRINCIPLE STATEMENT
Time for filing appellant's brief starts to run from the date of notice that the record is ready for collection; to hold otherwise would encourage indolence.
RATIO DECIDENDI (SOURCE)
"I think this is fair and just because to hold otherwise will be to encourage indolence. In the instant case therefore the time for filing appellant's brief started to run from 17/12/87."
EXPLANATION / SCOPE
The limitation period for filing appellate briefs begins when the appellant receives notice that the record of proceedings is ready for collection, not when they actually collect it. This rule prevents appellants from indefinitely delaying collection to postpone the filing deadline. “Encouraging indolence” would result from allowing appellants to control commencement of time limits through delayed collection. The rule is “fair and just” because: (1) appellants know the record is available; (2) they can obtain it promptly if diligent; (3) respondents shouldn’t be prejudiced by appellant’s delay. Appellants who don’t promptly collect records face shorter effective preparation time—their choice. This promotes diligence and prevents manipulation of procedural deadlines.