Federal Courts Rules (SOR/98-106)

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.

Marginal note:Pre-hearing conference

315. The Court may order that a conference be held in accordance with rules 258 to 267, with such modifications as are necessary.

Marginal note:Testimony regarding issue of fact

316. On motion, the Court may, in special circumstances, authorize a witness to testify in court in relation to an issue of fact raised in an application.

Marginal note:Ex parte proceedings

316.1 Despite rules 304, 306, 309 and 314, for a proceeding referred to in paragraph 300(b) that is brought ex parte,

• (a) the notice of application, the applicant’s record, affidavits and documentary exhibits and the requisition for hearing are not required to be served; and

• (b) the applicant’s record and the requisition for hearing must be filed at the time the notice of application is filed.

Marginal note:Summary application under Income Tax Act

• 316.2 (1) Except for rule 359, the procedures set out in Part 7 apply, with any modifications that are required, to a summary application brought under section 231.7 of the Income Tax Act.

• Marginal note:Commencing the application

  (2) The application shall be commenced by a notice of summary application in Form 316.2.