What should a party do if they are late in filing an appeal notice?

If a party is late in filing an appeal notice, the appropriate course of action is to file an affidavit explaining the delay. This process is important because it provides the court with information regarding the reasons for the delayed filing and can demonstrate the party's intent to pursue the appeal despite the lapse in time.

Filing an affidavit allows the party to present evidence that may support their reasons for the lateness, which could include unforeseen circumstances, miscommunication, or other justifiable reasons that hindered timely submission. This is often a prerequisite for seeking the court's permission to accept a late appeal.

Other options may not be as effective or applicable. For instance, simply submitting an application for leave to appeal may not address the initial lateness, while waiting for the next court session does not actively resolve the situation. Requesting a waiver from the court might not be a standard procedure in such cases and could also lead to unnecessary delays. Thus, submitting an affidavit explaining the delay is the most appropriate and proactive step in this context.