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Rules of the Supreme Court of Canada

Version of section 38 from 2017-01-01 to 2024-05-01:

  •  (1) An appellant’s record shall be bound and consist of the following parts:

    • (a) Part I, copies of the following documents:

      • (i) in chronological order, all formal judgments issued by the lower courts in respect of the case in question and the respective reasons for judgment, if any,

      • (ii) any order from the Court or judgment granting leave to appeal,

      • (iii) any notice of constitutional question referred to in subrule 33(2), and

      • (iv) in the case of a criminal matter, any information or indictment and the complete charge to the jury, if this is necessary to raise the question for the decision of the Court;

    • (b) Part II, any pleadings, orders and entries, in chronological order;

    • (c) Part III, evidence, including excerpts of transcripts unless the transcripts are reproduced in full in accordance with subrule (2), and affidavits; and

    • (d) Part IV, exhibits, in the order in which they were filed at trial.

  • (2) Instead of excerpts of transcripts reproduced in Part III, the record may contain transcripts reproduced in full in a separate document clearly marked as Part V.

  • (3) Parts II to V of the record shall contain only the documents that are necessary to raise the question for the decision of the Court and, if available, those documents shall be filed in both official languages.

  • (4) All documents in a record shall be reproduced in full, other than the excerpts of transcripts that are reproduced in Part III.

  • SOR/2011-74, s. 19
  • SOR/2013-175, s. 26
  • SOR/2016-271, s. 25

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