THE Court of Appeal has been asked to grant jailed former prime minister Laisenia Qarase's appeal hearing in its November session.
However, Justice Suresh Chandra said the November schedule was not available, saying he did not want a clash.
The appellant's lawyer, Tupou Draunidalo, also told Justice Chandra the registry advised her on Tuesday that a production order could not be issued for her client to be present in court yesterday.
She said Qarase was an intelligent man and wanted to be present in court when his case was called.
Ms Draunidalo asked Justice Chandra for a production order to be issued when the case was next called.
Justice Chandra ordered for a production order for Qarase.
Early last month, the High Court in Suva sentenced Qarase, 71, to 12 months in prison for six counts of abuse of office and three of discharge of duty.
Justice Chandra said he glanced through the grounds of appeal and saw that there were questions of law and questions of law and fact.
He ordered that the appellant file his submission with the Court of Appeal Registry by October 2 and that the respondents file their response by October 19.
The leave to appeal hearing will be heard on October 31.