Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 6.05
6.05 (1) Unless otherwise ordered by a judge of the court or otherwise provided by these rules, an applicant shall serve on every other party and file an application record in accordance with subrule (2), not later than thirty (30) days before the date of the hearing of the application. (2) The applicant’s application record shall contain, in consecutively numbered pages arranged in the following order: (a) a table of contents describing each document, including each exhibit, by its nature and date and, in the case of an exhibit, by exhibit number or letter; (b) a copy of the notice of application; (c) a copy of the indictment to which the application relates; (d) a copy of all affidavits and other material served by the applicant and any party other than the respondent for use on the application; (e) a list of all relevant transcripts of evidence in chronological order, but not necessarily the transcripts themselves; and (f) a copy of any other material in the court file that is necessary for the hearing of the application. Respondent’s Application Record (3) Where the respondent seeks to rely on material other than that filed by the applicant, the respondent shall serve on every other party and file a respondent’s application record in accordance with subrule 6.05(4), not later than ten (10) days before the date of the hearing of the application. (4) The respondent’s application record shall contain, in consecutively numbered pages arranged in the following order: (a) a table of contents describing each document, including each exhibit, by its nature and date and in the case of an exhibit, by exhibit number or letter; and (b) a copy of any material to be used by the respondent on the application and not included in the application record, and the respondent’s application record shall be filed, with proof of service, in the court office where the application is to be heard, not later than ten (10) days before the date of the hearing of the application. Documents May be Filed as Part of Record (5) Any documents served by a party for use on an application may be filed, together with proof of service, as part of the party’s application record and need not be filed separately if the record is filed within the time prescribed for filing the notice or other material. Transcript of Evidence (6) A party who intends to refer to a transcript of evidence at the hearing of an application shall file a copy of the transcript as provided by rule 4.08. Books of Authorities (7) Unless otherwise ordered by a judge of the court, books of authorities in accordance with rule 32 are required and shall be served and filed within the time limits described in subrules (1) and (3). Factums (8) Unless otherwise ordered by a judge of the court, or required by these rules, factums are not required for applications made under this rule. (9) Where a judge orders or these rules require that factums be served and filed on an application, the factums shall comply with rule 33 and be served and filed within the time limits described in subrules (1) and (3), unless otherwise ordered by a judge of the court. SI/2014-5, ss. 7, 32(E)