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, serve and file the respondent’s record.

• Marginal note:Number of copies

  (1.1) The respondent shall file

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

  • (b) if the application is brought in the Federal Court of Appeal, an electronic copy of or five paper copies of the 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;

  • (c.1) any material that has been certified by a tribunal and transmitted under Rule 318 that is to be used by the respondent at the hearing and that is not contained in the applicant’s record;

  • (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.