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, 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 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 in accordance with paragraph 309(2)(e.1);

  • (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.