Federal Courts Rules

Marginal note:Respondent's record

• 310 (1) A respondent to an application shall, within 20 days after service of the applicant's record,

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

  • (b) file

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

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

• Marginal note:Contents of respondent's record

  (2) The record of a respondent 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) each supporting affidavit and documentary exhibit;

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

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

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

  • (f) the respondent's memorandum of fact and law.

• Marginal note:Retention of original affidavits

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