Federal Courts Rules (SOR/98-106)

Marginal note:Respondent's record

• 310. (1) A respondent to an application shall, within 20 days after service of the applicant's record,

  • (a) serve the respondent's record; and

  • (b) file

    • (i) where the application is brought in the Federal Court, three copies of the respondent's record, and

    • (ii) where the application is brought in the Federal Court of Appeal, five copies of the respondent's record.

• Marginal note:Contents of respondent's record

  (2) The record of a respondent shall contain, on consecutively numbered pages and in the following order,

  • (a) a table of contents giving the nature and date of each document in the record;

  • (b) each supporting affidavit and documentary exhibit;

  • (c) the transcript of any cross-examination on affidavits that the respondent has conducted;

  • (d) the portions of any transcript of oral evidence before a tribunal that are to be used by the respondent at the hearing;

  • (e) a description of any physical exhibits to be used by the respondent at the hearing; and

  • (f) the respondent's memorandum of fact and law.

• Marginal note:Retention of original affidavits

  (3) If an original affidavit is not filed as part of a respondent’s record, it shall be retained by the respondent for one year after the expiry of all appeal periods.

Marginal note:Preparation by Registry

• 311. (1) On motion, the Court may order the Administrator to prepare a record on a party's behalf.

• Marginal note:Documents to be provided

  (2) A party bringing a motion for an order under subsection (1) shall provide the Administrator with the documents referred to in subsection 309(2) or 310(2), as the case may be.

Marginal note:Additional steps

312. With leave of the Court, a party may

• (a) file affidavits additional to those provided for in rules 306 and 307;

• (b) conduct cross-examinations on affidavits additional to those provided for in rule 308; or

• (c) file a supplementary record.

Marginal note:Requirement to file additional material

313. Where the Court considers that the application records of the parties are incomplete, the Court may order that other material, including any portion of a transcript, be filed.

Marginal note:Requisition for hearing

• 314. (1) An applicant shall, within 10 days after service of the respondent's record or the expiration of the time for doing so, whichever is earlier, serve and file a requisition, in Form 314, requesting that a date be set for the hearing of the application.

• Marginal note:Contents of requisition

  (2) A requisition referred to in subsection (1) shall

  • (a) include a statement that the requirements of subsection 309(1) have been satisfied and that any notice required under section 57 of the Act has been given;

  • (b) set out the place at which the hearing should be held;

  • (c) set out the maximum number of hours or days required for the hearing;

  • (d) list any dates within the following 90 days on which the parties are not available for a hearing;

  • (e) set out the name, address, telephone number and fax number of the solicitor for every party to the application or, where a party is not represented by a solicitor, the person's name, address, telephone number and any fax number; and

  • (f) indicate whether the hearing will be in English or French, or partly in English and partly in French.