Notice of Appeal (Form 181)

Rule 214.2(1) of the Uniform Civil Rules 2020 (SA) requires an appeal to be instituted by filing a notice of appeal or notice of review in the prescribed form setting out the appellate court, the statutory provision relied on, the judgment appealed against, the grounds, the orders sought, and any grounds for leave to appeal or an extension of time. For an appeal, the forms are Form 181 Notice of Appeal and Form 181S Appeal Grounds: on paper both are filed, and through the Electronic System only the 181S is uploaded; revised grounds use Form 183. Reviews use Form 182 (Form 182A for a minor civil review). Unless a statute or rule says otherwise, an appeal must be instituted within 21 days after the date of the judgment or order (r 214.1(1)). Where leave was sought from the judicial officer under r 213.3, the time is the later of 21 days or 7 days after leave is granted or refused (r 214.1(2)). An appellant may not rely on grounds not stated in the notice unless the court orders otherwise (r 214.2(5)).

When you need it

• You want to appeal against a judgment or order of a court or tribunal to the Supreme Court (a single Judge or the Court of Appeal), the District Court, the ERD Court or the Youth Court.
• You need leave to appeal or an extension of time; both are sought in the notice (rr 214.1(3), 214.2(1)).
• Not for a review (Form 182 or 182A), a cross appeal (Form 184) or a notice of alternative contention (Form 187).

1. 1

   Complete the heading and parties

   Delete all but the correct court and add Court of Appeal if applicable. Name the appellant, respondents and interested parties. Join every party to the first instance proceeding unless they have no interest in the appeal (r 214.2(2)).

2. 2

   Fill in the party panels

   Give the appellant's address for service, email, phone and any law firm, and the addresses of each respondent and interested party.

3. 3

   Complete the appeal details

   State the matter type, mark whether the appeal is to the Court of Appeal or a single Judge, and give the Act and section under which the appeal is brought.

4. 4

   Identify the judgment

   Give the date of judgment, the court or tribunal, the judicial officer and the case number below.

5. 5

   Prepare the appeal grounds

   Set out the grounds of appeal, the orders sought and any grounds for leave or an extension of time in Form 181S Appeal Grounds (r 214.2(1)).

• Lodge through CourtSA: start a new case, choose "Notice of appeal or notice of review", complete the form, upload your Form 181S and pay the fee by credit or debit card. If accepted, CourtSA generates a sealed Form 181 with your 181S attached; if rejected, the fee is refunded (CAA appeal guidance).
• File within 21 days after the judgment or order unless a statute or rule provides otherwise (r 214.1).
• Serve the notice with a Form 33 multilingual notice on each other party as soon as practicable (r 214.2(4)), and a copy on the Registrar or proper officer of the court or tribunal appealed from (r 214.2(6)).
• A respondent may file a cross appeal (r 214.4) or a notice of alternative contention (r 214.5) within 14 days after service of the notice of appeal.

• Time runs from when the order takes effect, not from the reasons. If only reasons have been delivered, time does not start (note to r 214.1).
• Put every ground you rely on in the grounds document; others need the court's permission (r 214.2(5)).
• If leave to appeal is required, consider asking the judicial officer below at the time of the order (r 213.3).