8413. Motions

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    1. A motion must be commenced by a notice of motion. 

    2. A motion may be brought: 

      1. with the consent of a hearing panel, prior to, or 

      2. at any time after, 

      3. the commencement of a proceeding. 

    3. A party who brings a motion must serve and file a motion record at least 14 days prior to the date of the motion, unless the motion is brought during a hearing, in which case the hearing panel may determine the procedure to be followed for the motion. 

    4. A hearing panel may permit a party to bring a motion without notice to the respondent, if the nature of the motion or the circumstances make service of a notice of motion impractical. 

    5. A notice of motion must contain: 

      1. the date, time and location of the hearing of the motion, 

      2. the relief sought, 

      3. a summary of the grounds for the relief sought, including reference to any IIROC requirements or applicable laws

      4. a list of evidence and other materials to be relied on, and

      5. whether it is proposed that the motion be heard as an oral hearing, electronic hearing or written hearing
    6. A motion record must contain: 
      1. the notice of motion, and 
      2. copies of the evidence, including affidavits and other materials relied on.
    7. A responding party may serve and file a responding record at least nine days prior to the date of the motion, unless the motion is brought during a hearing and the hearing panel orders otherwise. 
    8. A responding record must contain: 
      1. the order requested by the responding party, including a statement of the reasons for the order requested, and 
      2. copies of any additional evidence, including affidavits and other materials relied on. 
    9. A party who is served with a responding record that contains affidavit evidence may serve and file a reply record containing additional affidavit evidence at least seven days before the date of the motion. 
    10. A party who files an affidavit in connection with a motion must make the person who swears to an affidavit reasonably available to be cross-examined by an adverse party prior to the hearing of the motion. 
    11. A party who brings a motion may serve and file a memorandum of fact and law at least five days before the date of the motion. 
    12. A responding party may serve and file a memorandum of fact and law at least two days before the date of the motion. 
    13. A motion must be heard by a hearing panel
    14. A hearing panel may, on any terms and conditions it considers appropriate, permit oral testimony to be adduced at the hearing of a motion on any matter in issue and allow cross-examination of the person who swears to an affidavit. 
    15. A hearing panel may: 
      1. grant the relief requested in a motion, 
      2. dismiss or adjourn the motion in whole or in part, with or without terms, or 
      3. make another decision it considers appropriate, including adjourning the motion to be heard by the hearing panel that hears the proceeding on its merits.

    There is no history log for this rule.

    There is no history log for this rule.