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Federal Courts Rules

Version of section 309 from 2013-02-08 to 2015-01-29:


Marginal note:Applicant's record

  •  (1) An applicant shall, within 20 days after completion of all parties' cross-examinations or the expiration of the time for doing so, whichever is earlier,

    • (a) serve the applicant's record; and

    • (b) file

      • (i) where the application is brought in the Federal Court, three copies of the applicant's record, and

      • (ii) where the application is brought in the Federal Court of Appeal, five copies of the applicant's record.

  • Marginal note:Contents of applicant's record

    (2) An applicant's record shall contain, on consecutively numbered pages and in the following order,

    • (a) a table of contents giving the nature and date of each document in the record;

    • (b) the notice of application;

    • (c) any order in respect of which the application is made and any reasons, including dissenting reasons, given in respect of that order;

    • (d) each supporting affidavit and documentary exhibit;

    • (e) the transcript of any cross-examination on affidavits that the applicant has conducted;

    • (e.1) any material that has been certified by a tribunal and transmitted under Rule 318 that is to be used by the applicant at the hearing;

    • (f) the portions of any transcript of oral evidence before a tribunal that are to be used by the applicant at the hearing;

    • (g) a description of any physical exhibits to be used by the applicant at the hearing; and

    • (h) the applicant's memorandum of fact and law.

  • Marginal note:Retention of original affidavits

    (3) If an original affidavit is not filed as part of an applicant’s record, it shall be retained by the applicant for one year after the expiry of all appeal periods.

  • SOR/2004-283, ss. 32, 33
  • SOR/2006-219, s. 10
  • SOR/2010-177, s. 4
  • SOR/2013-18, s. 8
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