Federal Courts Rules (SOR/98-106)

Marginal note:Motions in writing

• 369 (1) A party may, in a notice of motion, request that the motion be decided on the basis of written representations.

• Marginal note:Request for oral hearing

  (2) A respondent to a motion brought in accordance with subsection (1) shall serve and file a respondent’s record within 10 days after being served under rule 364 and, if the respondent objects to disposition of the motion in writing, indicate in its written representations or memorandum of fact and law the reasons why the motion should not be disposed of in writing.

• Marginal note:Reply

  (3) A moving party may serve and file written representations in reply within four days after being served with a respondent’s record under subsection (2).

• Marginal note:Disposition of motion

  (4) On the filing of a reply under subsection (3) or on the expiration of the period allowed for a reply, the Court may dispose of a motion in writing or fix a time and place for an oral hearing of the motion.