Federal Courts Rules (SOR/98-106)

Marginal note:Files for notices of motion

• 24. (1) Where, in respect of an action, application or appeal that has not yet been commenced, a notice of motion for an extension of time, for leave to appeal or for any other order under a statute, rule or other enactment is filed, the notice of motion, any affidavits filed in respect thereof and any order made pursuant to the motion shall be kept in Court files maintained for notices of motion of that category.

• Marginal note:Copies on file

  (2) Where a proceeding referred to in subsection (1) is subsequently commenced, a copy of the order and related material referred to in that subsection shall be placed in the Court file maintained for the proceeding.

Marginal note:Transmission of documents filed in local office

25. A document filed in a local office shall be transmitted forthwith by the Administrator to the principal office of the Registry and a certified copy of all such documents shall be kept at the local office and transmitted to any other local office where a copy is required for the business of the Court.

Marginal note:Inspection of files

• 26. (1) Where the necessary facilities are available, any person may, with supervision and without interfering with the business of the Court, inspect a Court file or annex.

• Marginal note:Removal of documents from file

  (2) Nothing shall be removed from a Court file or annex except

  • (a) under an order of the Court;

  • (b) by an officer of the Registry acting in the course of his or her duties; or

  • (c) in accordance with rule 26.1.

• Marginal note:Removal of files

  (3) Unless otherwise ordered by the Court, no Court file or annex to a Court file shall be removed from the Registry by any person other than

  • (a) a judge, prothonotary or referee; or

  • (b) an officer of the Registry acting in the course of his or her duties.

Marginal note:Definition

• 26.1 (1) In this rule, “appeal” includes an appeal of an order of a prothonotary, an application for leave to appeal and an appeal to the Supreme Court of Canada.

• Marginal note:Removal of exhibits from file

  (2) Subject to subsection (4), exhibits put into evidence shall remain in the Court file either

  • (a) until the time for an appeal has expired, if no appeal has been taken, or

  • (b) until the appeal is disposed of, if an appeal has been taken.

• Marginal note:Return of exhibits

  (3) On the expiry of the time for appeal or on the disposition of the appeal, the Administrator shall return the exhibits to the respective solicitors or the parties who put the exhibits in evidence.

• Marginal note:Return on consent

  (4) At any time following judgment, on requisition by the solicitor or party who put an exhibit in evidence or the person who produced it and on the filing of the consent of all parties, the Administrator shall return the exhibit to the person making the requisition.