The procedure of the court of appeal is regulated by the rules of the Supreme Court. A distinction is drawn between appeals from a final judgment or order (which, unless the parties consent to a smaller quorum, must be heard by three judges) and an appeal from an interlocutory order (which may be determined by two judges of the court of appeal).
In the case of appeals from a final or interlocutory "judgment," or from an order, including applications for a new trial, the appeal must be brought within three months from the time when the judgment or order is signed, entered or otherwise perfected, or in the case of refusal of an application from the date of refusal. The appeal is by notice of motion, which except in cases of application for a new trial, need not state the grounds of appeal. Fourteen clear days' notice of the motion must be given by the appellant to the other party, the respondent.
In the case of appeals from an interlocutory order, or from a final order, or from an order made in any matter which is not an action, or from an order made in chambers, the appeal must be brought within fourteen days by motion, of which four clear days' notice must be given by the appellant to all parties directly affected by the appeal. Controversies have arisen as to the meaning of the term "interlocutory," which (in the absence of any authoritative definition) the court of appeal settles as they arise. The test most generally accepted is that a judgment or order is final if, as made, it finally disposes of the rights of the parties in a manner equally conclusive between them. The court may by special leave allow appeals of either class to be brought after the time above limited. The respondent may by proper notice bring a cross appeal against any portion of the judgment or order made below with which he is dissatisfied. The court has power to order the appellant to find security for the costs of an appeal, if special circumstances, such as insolvency or poverty or foreign domicile or the like, make the giving of security desirable. The court of appeal "rehears" the case. Under ordinary circumstances it does not permit a new case to be set up inconsistent with the case as presented below; and it is content with the judges' notes, or a transcript of the evidence given below, and with a note or transcript of the judgment appealed from, but has power on special grounds to receive fresh evidence either _viva voce_ or on affidavit. The court may call in for its assistance assessors who are experts on the matters of fact or science involved in the appeal, and usually does so in cases arising out of collisions at sea.