Federal Courts Rules

Marginal note:Respondent’s motion record

• 365 (1) A respondent to a motion shall serve a respondent’s motion record and file one electronic copy or, subject to Rule 72.4, three paper copies of the record no later than

  • (a) in the case of a motion brought in the Federal Court, and subject to subsections 213(4) and 369(2), 2:00 p.m. on the day that is two days before the day fixed for the hearing of the motion; and

  • (b) in the case of a motion brought in the Federal Court of Appeal, 10 days after the day on which they are served with the moving party’s motion record.

• Marginal note:Contents of motion record

  (2) The motion record of a respondent to a motion shall contain, on consecutively numbered pages and in the following order,

  • (a) a table of contents;

  • (b) all affidavits and other material to be used by the respondent on the motion that is not included in the moving party’s motion record;

  • (c) subject to rule 368, the portions of any transcripts on which the respondent intends to rely;

  • (d) subject to rule 366, written representations; and

  • (e) any other filed material not contained in the moving party’s motion record that is necessary for the purposes of the motion.