Rules of the Supreme Court of Canada
71 (1) Unless the Court, a judge or the Registrar otherwise orders or directs,
(a) no more than two counsel for each appellant or respondent and one counsel for each intervener shall present oral argument on an appeal; and
(b) no more than one counsel for each appellant shall have the right of a reply.
(2) Respondents and interveners do not have the right of reply unless the Court or a judge otherwise orders.
(3) A respondent or an intervener who fails to serve and file their factum within the time set out in Rule 36 or 37, or in an order of the Court, a judge or the Registrar, as the case may be, shall not present oral argument on the appeal unless a judge, on motion, otherwise orders.
(4) The name of counsel appearing before the Court shall be given in writing to the Registrar at least two weeks before the appeal is to be heard.
(5) Unless the Court, a judge or the Registrar otherwise orders or directs,
(a) the appellant or all of the appellants, as the case may be, shall limit their oral argument to one hour in total, and their reply to five minutes, but when the appellant or all of the appellants do not use the entire hour for principal argument, up to a maximum of 15 additional minutes may be taken for reply; and
(b) the respondent or all of the respondents, as the case may be, shall limit their oral argument to one hour in total.
(c) [Repealed, SOR/2016-271, s. 36]
(d) [Repealed, SOR/2006-203, s. 36]
(5.1) Despite paragraphs (5)(a) and (b), the time allotted for oral argument may be reduced to 30 minutes in an appeal referred to in paragraph 33(1)(c) or (d).
(5.2) After the time allotted for serving and filing the facta on appeal has expired, a judge may authorize any attorney general who has filed a notice of intervention in accordance with subrule 33(4) to present oral argument at the hearing of the appeal and may determine the time to be allotted for the argument.
(6) If a judge or the Registrar directs that a motion related to an appeal must be heard by the Court on the day of the hearing of the appeal, the time allotted under subrule (5) to the party who made the motion shall be reduced accordingly unless the Court, a judge or the Registrar otherwise orders.
(7) All counsel appearing before the Court shall be robed.
- SOR/2006-203, s. 36
- SOR/2011-74, s. 32
- SOR/2016-271, s. 36
- Date modified: