Federal Courts Rules (SOR/98-106)

Marginal note:Oral examination

• 89. (1) A party requesting an oral examination shall pay the fees and disbursements related to recording the examination in accordance with Tariff A.

• Marginal note:Examination in Canada

  (2) An oral examination that takes place in Canada shall be recorded by a person authorized to record examinations for discovery under the practice and procedure of a superior court in Canada.

• Marginal note:Examination outside Canada

  (3) An oral examination that takes place in a jurisdiction outside Canada shall be recorded by a person authorized to record

  • (a) court proceedings in that jurisdiction; or

  • (b) examinations for discovery under the practice and procedure of a superior court in Canada, if the parties consent.

• Marginal note:Examination to be recorded

  (4) A person who records an oral examination shall record it word for word, including any comment made by a solicitor, other than statements that the attending parties agree to exclude from the record.

Marginal note:Place of oral examination

• 90. (1) Where a person to be examined on an oral examination resides in Canada and the person and the parties cannot agree on where to conduct the oral examination, it shall be conducted in the place closest to the person's residence where a superior court sits.

• Marginal note:Person residing outside Canada

  (2) Where a person to be examined on an oral examination resides outside Canada, the time, place, manner and expenses of the oral examination shall be as agreed on by the person and the parties or, on motion, as ordered by the Court.

• Marginal note:Travel expenses

  (3) No person is required to attend an oral examination unless reasonable travel expenses have been paid or tendered to the person.

Marginal note:Direction to attend

• 91. (1) A party who intends to conduct an oral examination shall serve a direction to attend, in Form 91, on the person to be examined and a copy thereof on every other party.

• Marginal note:Production for inspection at examination

  (2) A direction to attend may direct the person to be examined to produce for inspection at the examination

  • (a) in respect of an examination for discovery, all documents and other material in the possession, power or control of the party on behalf of whom the person is being examined that are relevant to the matters in issue in the action;

  • (b) in respect of the taking of evidence for use at trial, all documents and other material in that person's possession, power or control that are relevant to the matters in issue in the action;

  • (c) in respect of a cross-examination on an affidavit, all documents and other material in that person's possession, power or control that are relevant to the application or motion; and

  • (d) in respect of an examination in aid of execution, all documents and other material in that person's possession, power or control that are relevant to the person's ability to satisfy the judgment.

• Marginal note:Service of direction to attend

  (3) A direction to attend an oral examination shall be served

  • (a) where the person to be examined is an adverse party, at least six days before the day of the proposed examination;

  • (b) where the person to be examined is not a party to the proceeding, at least 10 days before the day of the proposed examination; or

  • (c) where the person is to be cross-examined on an affidavit filed in support of a motion, at least 24 hours before the hearing of the motion.