Bermuda civil and statutory proceedings
When must a Bermuda respondent give a variation notice?
Within one month after notice-of-appeal service. Give written notice to affected parties and file six copies with the Supreme Court Registrar. The route covers variation and alternative grounds for affirmation. A formal cross-appeal motion is unnecessary under rule 13.
- Period
- Within one month after notice-of-appeal service
- Trigger
- Service of the appellant’s notice of appeal
- Rule
- Rules of the Court of Appeal for Bermuda (BX 1/1965), Order 2, rule 13(1)
Rules of the Court of Appeal for Bermuda (BX 1/1965), Order 2, rule 13(1). Official consolidated body retrieved October 10, 2026. Bermuda Laws Online states laws amended through August 11, 2026. BR 24/2024 replaces the fee schedule, not the selected civil appeal periods.
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Check the applicable procedure
The route covers variation and alternative grounds for affirmation. A formal cross-appeal motion is unnecessary under rule 13. Establish service of the appellant’s notice of appeal and the actual completion required to give written notice to affected parties and file six copies with the Supreme Court Registrar.
Rules of the Court of Appeal for Bermuda (BX 1/1965), Order 2, rule 13(1)What lawyers say
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When must a Bermuda respondent give a variation notice?
Within one month after notice-of-appeal service. Give written notice to affected parties and file six copies with the Supreme Court Registrar. The route covers variation and alternative grounds for affirmation. A formal cross-appeal motion is unnecessary under rule 13.
Responsible actor. Respondent seeking variation or affirmation on other grounds.
Service of the appellant’s notice of appeal.
The route covers variation and alternative grounds for affirmation. A formal cross-appeal motion is unnecessary under rule 13.
The route covers variation and alternative grounds for affirmation. A formal cross-appeal motion is unnecessary under rule 13.
Rules of the Court of Appeal for Bermuda (BX 1/1965), Order 2, rule 13(1)How does this provision count time?
- Establish service of the appellant’s notice of appeal.
- Give written notice to affected parties and file six copies with the Supreme Court Registrar.
- Establish effective appeal service, including any applicable postal presumption under Order 1 rule 3. Both giving notice and filing use the same period.
- Court of Appeal rules have their own service and enlargement provisions. Establish actual Registry availability and the relevant computation law rather than borrowing Supreme Court Order 3 automatically.
Establish effective appeal service, including any applicable postal presumption under Order 1 rule 3. Both giving notice and filing use the same period.
Court of Appeal rules have their own service and enlargement provisions. Establish actual Registry availability and the relevant computation law rather than borrowing Supreme Court Order 3 automatically.
Rules of the Court of Appeal for Bermuda (BX 1/1965), Order 2, rule 13(1)Which facts prevent one automatic date?
The route covers variation and alternative grounds for affirmation. A formal cross-appeal motion is unnecessary under rule 13. Establish service of the appellant’s notice of appeal and the actual completion required to give written notice to affected parties and file six copies with the Supreme Court Registrar.
Respondent seeking variation or affirmation on other grounds establishes service of the appellant’s notice of appeal. Establish effective appeal service, including any applicable postal presumption under Order 1 rule 3. Both giving notice and filing use the same period. Within one month after notice-of-appeal service. Give written notice to affected parties and file six copies with the Supreme Court Registrar. Establish actual completion before calculating a final date.
A proposed boundary intersects a closure or holiday while the party seeks to give written notice to affected parties and file six copies with the Supreme Court Registrar. Court of Appeal rules have their own service and enlargement provisions. Establish actual Registry availability and the relevant computation law rather than borrowing Supreme Court Order 3 automatically. Establish the applicable computation and completion rule. No assumed carried date is supplied.
The respondent wants affirmation but relies on grounds different from the Supreme Court’s. The route covers variation and alternative grounds for affirmation. A formal cross-appeal motion is unnecessary under rule 13. Resolve the changed source branch and required act. The nominal period alone does not establish this scenario.
Which conditions and exceptions apply?
- Actual procedure and branch
- The route covers variation and alternative grounds for affirmation. A formal cross-appeal motion is unnecessary under rule 13.
- Count and complete the actual act
- Establish effective appeal service, including any applicable postal presumption under Order 1 rule 3. Both giving notice and filing use the same period. Court of Appeal rules have their own service and enlargement provisions. Establish actual Registry availability and the relevant computation law rather than borrowing Supreme Court Order 3 automatically.
- Actor and required completion
- Respondent seeking variation or affirmation on other grounds. Give written notice to affected parties and file six copies with the Supreme Court Registrar.
- The route covers variation and alternative grounds for affirmation. A formal cross-appeal motion is unnecessary under rule 13.
- Respondent seeking variation or affirmation on other grounds. Service of the appellant’s notice of appeal. Give written notice to affected parties and file six copies with the Supreme Court Registrar. The route covers variation and alternative grounds for affirmation. A formal cross-appeal motion is unnecessary under rule 13.
What must the responsible actor complete?
Questions about this procedure
When must a Bermuda respondent give a variation notice?
Is a cross-appeal motion always required?
No. Rule 13(1) says it is unnecessary for the specified contentions.
Rules of the Court of Appeal for Bermuda (BX 1/1965), Order 2, rule 13(1)Do alternative affirmation grounds require notice?
Yes. They fall within the express rule 13 branch.
Rules of the Court of Appeal for Bermuda (BX 1/1965), Order 2, rule 13(1)Who receives the notice?
Every party potentially affected, whether or not an address for service was filed.
Rules of the Court of Appeal for Bermuda (BX 1/1965), Order 2, rule 13(1)How many copies are filed?
Six copies within the same period.
Rules of the Court of Appeal for Bermuda (BX 1/1965), Order 2, rule 13(1)What starts the month?
Service on the respondent of the notice of appeal.
Rules of the Court of Appeal for Bermuda (BX 1/1965), Order 2, rule 13(1)What follows omission?
Paragraph (2) preserves court powers but allows postponement or adjournment on appropriate terms.
Rules of the Court of Appeal for Bermuda (BX 1/1965), Order 2, rule 13(1)Official sources and review
Provisions used (4)
| Provision | Purpose |
|---|---|
| Rules of the Court of Appeal for Bermuda (BX 1/1965), Order 2, rule 13(1) | Check the identified procedure, event, counting rule or qualification |
| Order 1 rules 3–5 and Order 2 rules 2–3 | Check the identified procedure, event, counting rule or qualification |
| Rules of the Court of Appeal for Bermuda Amendment Rules 2024 | Check the identified procedure, event, counting rule or qualification |
| Interpretation Act 1951, applicable interpretation and time provisions | Check the identified procedure, event, counting rule or qualification |