PART IGeneral (continued)
Rule 3 — Time (continued)
Extension or abridgment
Marginal note:General Powers of Court
(2) An application for an order extending time may be made before or after the expiration of the time prescribed.
Marginal note:Consent in Writing
(3) Any time prescribed by these rules for serving, filing or delivering a document may be extended or abridged by consent in writing endorsed on the relevant document by the party to whom the document is intended, or in such other form as a judge may direct.
Rule 4 — Court Documents
4.01 Unless the nature of the document renders it impracticable, every document prepared by a party for use in a proceeding shall be legibly printed, typewritten, written or reproduced on durable white paper 279 mm in length and 216 mm in width, with a margin on the left side of the face of the page and, if the reverse side is used, on the right side of the reverse.
Marginal note:General Heading
(a) the name of the court and the information number; and
(b) the title of the proceeding but, in a document other than a record, order or report, if there are more than two parties to the proceeding, a short title showing the names of the first party on each side followed by the words “and others” may be used.
Marginal note:Body of Document
(2) Every document in a proceeding shall contain
(a) the title of the document;
(b) its date;
(c) if the document is filed by a party and not issued by a clerk, the name, address and telephone number of counsel filing the document or, if a party is not represented by counsel, the name of the party, their address for service and their telephone number; and
(d) If the document is issued by a clerk, the address of the court office in which the proceeding was commenced.
Certified copies of court documents
4.03 At the request of a person entitled to see and to receive a copy of a document in a court file, the clerk shall issue a certified copy of the document on payment of the prescribed fee.
Notice to be in writing
4.04 If these rules require notice to be given, it shall be given in writing.
Filing of documents
Marginal note:Place of Filing
4.05 (1) All documents required to be filed in a proceeding shall be filed in the court office for the place where the proceeding was commenced or pending or being heard, as the case may be, except if they are filed in the course of a hearing or if these rules provide otherwise.
(2) An affidavit, transcript, record or factum to be used on the hearing of an application shall be filed in the court office for the place where the hearing is to be held.
Marginal note:Filing by Leaving in Court Office or by Mail
(3) Any document, other than one that is to be issued, may be filed by leaving it in the proper court office or mailing it to the proper court office accompanied by, if applicable, the prescribed fee.
Marginal note:Date of Filing if Filed by Mail
(4) If a document is filed by mail, the date of the filing stamp of the court office on the document is deemed to be the date of its filing, unless the court orders otherwise in accordance with rule 2.02.
Marginal note:If Document Filed by Mail Not Received
(5) If a court office has no record of the receipt of a document alleged to have been filed by mail, the document is deemed not to have been filed, unless the court orders otherwise in accordance with rule 2.02.
(a) be in Form 2;
(b) be expressed in the first person;
(c) state the full name of the deponent and, if the deponent is a party or counsel, officer, director, member or employee of a party, state that fact;
(d) be divided into paragraphs, numbered consecutively, with each paragraph being confined as far as possible to a particular statement of fact; and
(e) be signed by the deponent and sworn or affirmed before a person authorized to administer oaths or affirmations.
(2) An affidavit shall be confined to a statement of facts within the personal knowledge of the deponent or to other evidence that the deponent could give if testifying as a witness in court, except that an affidavit may contain statements of the deponent’s belief with respect to facts that are not contentious, so long as the source or sources of the information and the fact of belief are specified in the affidavit, or unless these rules provide otherwise.
(3) An exhibit that is referred to in an affidavit shall be marked as such by the person taking the affidavit and if the exhibit is
(a) referred to as being attached to the affidavit, it shall be attached to and filed with the affidavit;
(b) referred to as being produced and shown to the deponent, it shall not be attached to the affidavit or filed with it, but shall be left with the clerk for the use of the court, and on the disposition of the matter in respect of which the affidavit was filed, and after the appeal period has expired, the exhibit shall be returned to counsel or the party who filed the affidavit, unless the court orders otherwise in accordance with rule 2.02; and
(c) a document, a copy shall be served with the affidavit, unless it is impractical to do so.
Marginal note:Two or More Deponents
(4) If an affidavit is made by two or more deponents, there shall be a separate jurat for each deponent, unless all the deponents make the affidavit before the same person at the same time, in which case one jurat containing the words “Sworn (or Affirmed) by the above-named deponents” may be used.
Marginal note:A Corporation
(5) If these rules require an affidavit to be made by a party and the party is a corporation, the affidavit may be made for the corporation by an officer, director or employee of the corporation.
Marginal note:Affidavit by Illiterate or Blind Person
(6) If it appears to a person before whom an affidavit is sworn or affirmed that a deponent is illiterate or blind, that person shall certify in the jurat that
(a) the affidavit was read in his or her presence to the deponent, who seemed to understand it, and
(b) the deponent signed the affidavit or placed his or her mark on it in his or her presence,
and unless it is so certified the affidavit shall not be used without leave of the court.
(7) Any interlineation, erasure or other alteration in an affidavit shall be initialled by the person taking the affidavit and, unless so initialled, the affidavit shall not be used without leave of the presiding judge or officer.
Binding of transcripts
4.07 Transcripts of evidence for use on an application or preliminary inquiry or at trial shall have a light blue back sheet of cover stock.
Marginal note:Paper Size
(2) The name of the court or, in the case of an examiner, the examiner’s name, title and location shall be stated on a single line not more than 15 mm from the top of the first page and each page, other than the first page, shall be numbered consecutively at the top of each page.
(3) The text shall be typewritten on 30 lines numbered in the margin every fifth line.
(4) Headings, such as “Swearing of a Witness” or “Direct Examination and Cross-examination”, shall be capitalized and separated from the preceding text by the space of a numbered line, and the number of lines of text on the page may be reduced by one for each heading that appears on the page.
(5) Every question shall commence on a new line and shall begin with the designation “Q.” followed, within 10 mm, by the question.
(6) Every answer shall commence on a new line and shall begin with the designation “A.” followed, within 10 mm, by the answer.
(7) The first line of a question or answer shall be indented 35 mm from the margin and be no more than 130 mm in length.
(8) In a transcript of evidence taken in court, every line of a question or answer, other than the first line, shall begin at the margin and be no more than 165 mm in length.
(9) In a transcript of evidence taken out of court, every line of a question or answer, other than the first line, shall begin 15 mm from the margin and be no more than 150 mm in length, and questions shall be numbered consecutively by means of a number placed within the 15 mm to the right of the margin.
(10) Lines of text other than questions and answers shall be indented 35 mm from the margin and be no more than 130 mm in length.
(11) Every transcript of evidence taken in or out of court shall have
(a) a cover page setting out
(b) a table of contents setting out
(i) the name of each witness with the page numbers at which the examination, cross-examination and re-examination of the witness commence,
(ii) the page number at which the reasons for judgment commence,
(iii) a list of the exhibits, with the page number at which they were made exhibits, and
(iv) at the foot of the page, the date the transcript was ordered, the date it was completed and the date the parties were notified of its completion.
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