Federal Courts Rules (SOR/98-106)

Regulations are current to 2015-05-11 and last amended on 2015-01-30. Previous Versions

Marginal note:Definition
  •  (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 part of the annex to 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.

  • SOR/2002-417, s. 4;
  • SOR/2015-21, s. 8.

Unclaimed Exhibits

Marginal note:Directions
  •  (1) If exhibits are not returnable to a party, solicitor or person or have not been claimed by a party, solicitor or person within one year after the expiry of the time for appeal or the disposition of the appeal referred to in subsection 26.1(3), the Administrator may seek directions from the Court as to their disposition.

  • Marginal note:Disposal of exhibits

    (2) The Court may, at the request of the Administrator, order that any exhibits not claimed by, or returnable to, a party, solicitor or other person be vested in Her Majesty in right of Canada or be destroyed.

  • SOR/2002-417, s. 5.

Hearings

Marginal note:Sitting of Court

 The Court may sit at any time and at any place.

Marginal note:Public hearings
  •  (1) Subject to subsection (2) and rule 30, hearings of the Court, other than pre-trial or dispute resolution conferences, shall be open and accessible to the public.

  • Marginal note:Hearing in camera

    (2) On motion, the Court may direct that all or part of a proceeding be heard in camera if it is satisfied that the hearing should not be open to the public.

Marginal note:Orders out of court
  •  (1) A judge or prothonotary who is not sitting in court may make an order on a motion if

    • (a) the judge or prothonotary is satisfied that all parties affected have consented thereto;

    • (b) the motion was brought in accordance with rule 369; or

    • (c) for any other reason the judge or prothonotary considers that the order can be made without a hearing without prejudice to any party.

  • Marginal note:Variance

    (2) On motion, the Court may set aside or vary an order made under paragraph (1)(a) on the ground that a party did not consent to it.