Federal Courts Rules

Marginal note:Appellant’s memorandum

• 346 (1) Within 30 days after filing an appeal book, the appellant shall serve and file a memorandum of fact and law.

• Marginal note:Respondent’s memorandum

  (2) Within 30 days after service of the appellant’s memorandum of fact and law, the respondent shall serve and file the respondent’s memorandum of fact and law.

• Marginal note:Where cross-appeal filed

  (3) Where a respondent has served a notice of cross-appeal under rule 341,

  • (a) the respondent shall serve and file a memorandum of fact and law as appellant by cross-appeal, either separate from or as part of the respondent’s memorandum of fact and law, within the time set out in subsection (2); and

  • (b) the appellant shall serve and file a memorandum of fact and law as respondent to cross-appeal, within 30 days after service of the respondent’s memorandum of fact and law.

• Marginal note:Colour of memorandum

  (4) A memorandum of fact and law that is in paper copy shall have

  • (a) in the case of the appellant’s memorandum, a beige cover;

  • (b) in the case of the respondent’s memorandum, a green cover; and

  • (c) in the case of an intervener’s memorandum, a blue cover.

• Marginal note:Number of memoranda to be filed

  (5) Memoranda of fact and law shall be filed in the same number as are appeal books.