Federal Court Hearings

Once the other party has served and filed their record or 20 days has passed since you served and filed yours, you can ask for a hearing date. To ask for a hearing date you serve and file a Requisition for a Hearing, using Form 314. This needs to include:

• a statement that you have served and filed your Applicant’s Record
• where the hearing should be held – the Federal Court regularly sits in Saskatchewan once a month – a request can be made to have the case heard in the Indigenous community
• the maximum number of hours or days the hearing will take – this is usually decided by the parties together – if the parties do not agree on the length this should be stated
• a list of any days you or the other party are not available in the next 90 days
• name, address, telephone number and fax of any lawyers representing either you or the other party
• If you or the other party do not have a lawyer, your and/or their name, address, phone number and fax, if any
• a statement about whether the hearings and/or materials will be in English or French or partly in each language

The Court will set the date, time and place for the hearing and the registry will communicate this information to all parties. The Court may order that a hearing or part of it be held by telephone conference call, video-conference or any other form of electronic communication. If you cannot appear on your hearing date notify the registry right away.

• Do research to see if there are cases that could help your case – you can find cases on CanLII or the Federal Court website.
• Organize your information and make an outline of your main points and issues.
• Bring all relevant documentation that you have served on to the other party.
• If you are using any cases, bring additional copies for the court and the other party.

• Arrive for your hearing at least 15 minutes early.
• A security person will tell you where to go.
• You will need to go through security screening.
• Wear appropriate clothing and remove your coat and hat before entering the courtroom.
• Do not bring food or beverages into the courtroom.
• Cell phones must be turned off and cannot be used during the hearing.
• Photographing or videotaping are not allowed in the courtroom.
• Tell the Court Registrar when you enter the courtroom.

• The Judge is addressed as “Justice”, “Mr. Justice” or “Madam Justice”.
• The Associate Judge is addressed as “Your Honour”, “Mr. Associate Judge” or “Madam Associate Judge”.
• The Court Registrar is addressed as “Mr. or Ms. Registrar”.
• The opposing party or lawyer is addressed by their last name and title, for example, Mr. Jones, Ms. Smith.
• Introduce yourself when you begin to present your case.
• Stand when you speak to the judge or when they speak to you.
• Do not interrupt when the judge or the other party is speaking.
• The applicant goes first and can highlight important points from the information they filed and answer questions from the judge.
• The respondent then makes their argument.
• The applicant can reply to matters the respondent raises that they had not addressed.

• The judge may take a break and return to the courtroom to give their decision or give their decision later.
• You will get an official copy of the decision by registered mail, email or fax.