Federal Courts Rules (SOR/98-106)

Marginal note:Commission for examination outside Canada

• 272. (1) Where an examination under rule 271 is to be made outside Canada, the Court may order the issuance of a commission under the seal of the Court, letters rogatory, a letter of request or any other document necessary for the examination in Form 272A, 272B or 272C, as the case may be.

• Marginal note:Examination outside Canada

  (2) A person authorized under subsection (1) to take the examination of a witness in a jurisdiction outside Canada shall, unless the parties agree otherwise or the Court orders otherwise, take the examination in a manner that is binding on the witness under the law of that jurisdiction.

Marginal note:Use of evidence at trial

273. Unless the Court orders otherwise, evidence obtained on an examination under subsection 271(1) or (4) may, without further proof, be used in evidence by any party.

Marginal note:Order of presentation

• 274. (1) Subject to subsection (2), at the trial of an action, unless the Court directs otherwise,

  • (a) the plaintiff shall make an opening address and then adduce evidence;

  • (b) when the plaintiff's evidence is concluded, the defendant shall make an opening address and then adduce evidence; and

  • (c) when the defendant's evidence is concluded, the plaintiff may adduce reply evidence.

• Marginal note:Multiple parties

  (2) Where the Court has made an order permitting two or more plaintiffs to put in separate cases, or where more than one defendant is separately represented, the order of presentation shall be as directed by the Court.

Marginal note:Directions re proof or evidence

275. The Court may give directions at trial concerning the method of proving a fact or of adducing evidence.

Marginal note:Exhibits

276. All exhibits adduced in evidence shall be marked and numbered.

Marginal note:Inspection by Court

277. The Court may, in the presence of solicitors for the parties, inspect any place or thing in respect of which a question may arise at trial.

Marginal note:Order of argument

• 278. (1) Unless the Court directs otherwise, the parties shall be heard in argument, after all parties have been given full opportunity to put in their respective cases, in the order in which they adduced evidence.

• Marginal note:Right of reply

  (2) A party shall have a right of reply to the arguments of adverse parties and, if the party raises a new point of law, an adverse party may answer on that point.