appeal out of time

English translation: the time (limit) for your appeal has expired

20:32 May 12, 2020
English language (monolingual) [PRO]
Law/Patents - Law (general)
English term or phrase: appeal out of time
A letter from solicitors

With regards to your Appeal against your conviction, as advised your appeal is now out of time. Therefore, you will now need to instruct Counsel to advise on the merits of an appeal and your grounds for appeal will have to be prepared and lodged with the Court Of Appeal.



The customer claims there is no deadline / time limit for filing the appeal, so that he can file it any time he wants to.

Is this the way "out of time" should be understood in this context?

Thank you in advance for your clarifications
Regards
ZenonStyczyrz
Local time: 20:54
Selected answer:the time (limit) for your appeal has expired
Explanation:
that's the meaning
Selected response from:

David Hollywood
Local time: 15:54
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
5 +6the time (limit) for your appeal has expired
David Hollywood
4 +3The deadline for appeal has passed
Tina Vonhof
5 -1three star hotel
Charlesp
5 -1date for automatic granting of leave to appeal has passed
Charlesp
3 -1beyond the appropriate time
Matheus Pessotti
Summary of reference entries provided
What is an out of time appeal hearing?
Daryo

Discussion entries: 3





  

Answers


2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
beyond the appropriate time


Explanation:
Perhaps the meaning is the same but it's not tied to a deadline, just occurs or manifests itself outside or beyond the appropriate or desirable time.

Matheus Pessotti
Brazil
Local time: 15:54
Native speaker of: Native in PortuguesePortuguese

Peer comments on this answer (and responses from the answerer)
disagree  AllegroTrans: 'Appropriate' and 'desirable' don't make sense and are much too vague: there is a fixed deadline for lodging an appeal PLUS in many cases the right to make an application for leave to appeal out of time
1 hr
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6 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +6
the time (limit) for your appeal has expired


Explanation:
that's the meaning

David Hollywood
Local time: 15:54
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 48
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  Daryo
10 mins
  -> thanks Daryo

agree  EirTranslations
2 hrs
  -> thanks EirT

agree  AllegroTrans
6 hrs
  -> thanks AT

agree  Amir Akbarpour Reihani
9 hrs
  -> thanks Amir

agree  Charlesp
22 hrs
  -> thanks Charles

agree  Elisa Ksiazenicki
4 days
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17 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
The deadline for appeal has passed


Explanation:
There is always a deadline by which an appeal must be made. If the deadline has passed you must make a new application for leave to appeal. The letter from the solicitors mentions first asking counsel for advice on 'the merits of an appeal', which seems to suggest that they are doubtful about the merits.

Tina Vonhof
Canada
Local time: 12:54
Specializes in field
Native speaker of: Native in DutchDutch, Native in EnglishEnglish
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
agree  Lydia De Jorge
3 hrs

agree  Yvonne Gallagher: yes, you said it first
9 hrs

agree  AllegroTrans
8 days
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1 day 5 hrs   confidence: Answerer confidence 5/5 peer agreement (net): -1
date for automatic granting of leave to appeal has passed


Explanation:
'date for automatic granting of leave to appeal has passed'

Now that the date for an automatic granting of a leave to appeal has passed, only a discretionary leave to appeal can be applied for


Charlesp
Sweden
Local time: 20:54
Specializes in field
Native speaker of: English
PRO pts in category: 12

Peer comments on this answer (and responses from the answerer)
disagree  AllegroTrans: No, it means the time limit for an appeal has expired; seeking leave to appeal out of time is the next option. There is no "automatic" granting of this
7 days
  -> ok. Thanks for the info.
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9 days   confidence: Answerer confidence 5/5 peer agreement (net): -1
three star hotel


Explanation:
There is a bit of a miswritten text here.

When it says " time limit for an appeal has expired" it doesn't really mean "appeal," it means review by the court that made the decision (i.e. not an appeal to a higher court).
Could be a "Petition for Review" to the court of first instance. Usually it is referred to as a "motion for reconsideration" (sometimes a motion for a new trial).

Strickly speaking, its not an appeal; but in layman's langauge they may refer to it as an appeal; but when it is the same judge considering it, then it is not an "appeal"

--------------------------------------------------
Note added at 9 days (2020-05-22 08:09:08 GMT)
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I don't know why it says "three star hotel" - the suggested answer is supposed to be "time limit for filing a motion for reconsideration" has expired

Charlesp
Sweden
Local time: 20:54
Specializes in field
Native speaker of: English
PRO pts in category: 12

Peer comments on this answer (and responses from the answerer)
disagree  AllegroTrans: Charles, you are wrong on this; the text seems to be from UK and an appeal against conviction is always a formal appeal and never a motion/application for reconsideration. Please see https://www.gov.uk/appeal-against-sentence-conviction
14 hrs
  -> oh, I didn't know this was from the UK
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Reference comments


7 hrs peer agreement (net): +2
Reference: What is an out of time appeal hearing?

Reference information:
You have thirty days from the date of your sentence (or if you filed a motion for new trial, 30 days from the date of the order denying the motion for new trial) to file a notice of appeal. If the notice was not filed in time, it is possible to file a request to the court asking permission to file an out of time appeal. There are certain instances were the court will grant an appellant extra time to file the appeal. The person asking for the out of time appeal must show that he or she meets the requirements for an out of time appeal. A hearing for an out of time appeal would be the opportunity to show the judge that you are entitled to an out of time appeal. In general, to get one you have to show that the failure to file an appeal was not due to your neglect (one common example is when a defendant requests court appointed appellate counsel and for some reason there is a delay past thrity days to get counsel appointed). If you don't have an attorney, you would be in better a position if you had one to file and argue this motion. Good luck.
https://www.avvo.com/legal-answers/what-is-an-out-of-time-ap...

so there is a time limit.

You can still try to appeal AFTER the time limit, but it becomes more difficult to do it.

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Note added at 7 hrs (2020-05-13 04:11:06 GMT)
--------------------------------------------------

https://hsfnotes.com/litigation/2014/12/18/court-of-appeal-d...

Daryo
United Kingdom
Native speaker of: Native in SerbianSerbian, Native in FrenchFrench
PRO pts in category: 4

Peer comments on this reference comment (and responses from the reference poster)
agree  EirTranslations
2 hrs
agree  AllegroTrans: Reference from UK would have been more useful since 'motion for new trial' is not in UK system
7 hrs
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