Federal Courts Rules

Marginal note:Motion record

• 364 (1) Unless the Court orders otherwise, a person bringing a motion shall serve a motion record and file an electronic copy of or, subject to rule 72.4, three paper copies of that record.

• Marginal note:Contents of motion record

  (2) A moving party’s motion record shall contain, on consecutively numbered pages arranged in the following order,

  • (a) a table of contents;

  • (b) the notice of motion;

  • (c) all affidavits and other material served by the moving party for use on the motion;

  • (d) subject to rule 368, the portions of any transcripts on which the moving party intends to rely;

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

  • (f) any other filed material that is necessary for the hearing of the motion.

• Marginal note:Service and filing of motion record

  (3) Subject to subsections 51(2), 163(2) and 213(3), on a motion other than a motion under rule 369, the motion record shall be served and filed at least three days before the day set out in the notice of motion for the hearing of the motion.