Federal Courts Rules (SOR/98-106)

Marginal note:Service and filing of appeal book

345. Within 30 days after filing an agreement under subsection 343(1) or obtaining an order under subsection 343(3), an appellant shall serve the appeal book and file

• (a) where the appeal is brought in the Federal Court, three copies of it; and

• (b) where the appeal is brought in the Federal Court of Appeal, five copies of it.

Marginal note:Appellant's memorandum

• 346. (1) Within 30 days after filing an appeal book, the appellant shall serve and file a memorandum of fact and law.

• Marginal note:Respondent's memorandum

  (2) Within 30 days after service of the appellant's memorandum of fact and law, the respondent shall serve and file the respondent's memorandum of fact and law.

• Marginal note:Where cross-appeal filed

  (3) Where a respondent has served a notice of cross-appeal under rule 341,

  • (a) the respondent shall serve and file a memorandum of fact and law as appellant by cross-appeal, as part of the respondent's memorandum of fact and law, within the time set out in subsection (2); and

  • (b) the appellant shall serve and file a memorandum of fact and law as respondent to cross-appeal, within 30 days after service of the respondent's memorandum of fact and law.

• Marginal note:Colour of memorandum

  (4) The cover of a memorandum of fact and law

  • (a) of an appellant shall be beige;

  • (b) of a respondent shall be green; and

  • (c) of an intervener shall be blue.

• Marginal note:Number of memoranda to be filed

  (5) Memoranda of fact and law shall be filed in the same number as are appeal books.

Marginal note:Requisition for hearing

• 347. (1) Within 20 days after service of the respondent's memorandum of fact and law or 20 days after the expiration of the time for service of the respondent's memorandum of fact and law, whichever is the earlier, an appellant shall serve and file a requisition in Form 347 requesting that a date be set for the hearing of the appeal.

• Marginal note:Default by appellant

  (2) Where an appellant fails to comply with subsection (1), a respondent may, in lieu of bringing a motion under rule 167, serve and file a requisition in Form 347 to request that a date be set for the hearing of the appeal.

• Marginal note:Content of requisition

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

  • (a) include a statement that the requirements of subsections 346(1) and (5) have been satisfied and that any notice required under section 57 of the Act has been given;

  • (b) set out the location 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 appeal 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.