Federal Courts Rules

Marginal note:Applicant’s record

• 309 (1) An applicant shall serve and file the applicant’s record within 20 days after the day on which the parties’ cross-examinations are completed or within 20 days after the day on which the time for those cross-examinations is expired, whichever day is earlier.

• Marginal note:Number of copies

  (1.1) The applicant shall file

  • (a) if the application is brought in the Federal Court, an electronic copy of or, subject to rule 72.4, three paper copies of the record; and

  • (b) if the application is brought in the Federal Court of Appeal, an electronic copy of or, subject to rule 72.4, five paper copies of the 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.