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What to expect at a hearing

This page does not contain legal advice.

Hearings in a court of appeal are different from a trial.

At the Federal Court of Appeal, three judges hear most applications and appeals, and most hearings last only a few hours.

The Federal Court of Appeal does not hear witness testimony. There are no juries. New evidence (i.e. information that was not presented before an administrative tribunal or in the lower court hearing) is rarely accepted or considered by the Federal Court of Appeal. You must ask the Court’s permission to present new evidence (this is called “seeking leave to introduce new evidence”).

Before the hearing
  • Before a hearing is scheduled, and once the matter is ready for a hearing, you will be asked to provide dates that you will be available to attend a hearing (also called your “availabilities”)
  • When your matter is ready to be heard, you will receive an Order from the Court’s Judicial Administrator confirming the place, date, time and duration of the hearing.
  • Hearing dates are set well in advance and are not easily rescheduled. If you are unable to attend the hearing due to unforeseen circumstances, you should contact the Registry  immediately, setting out in writing the reasons that you cannot attend the scheduled hearing date and asking for a new date. This is called requesting an adjournment. Only the Court can decide whether to grant an adjournment request.
  • Otherwise, you are expected to be present and ready to proceed at the scheduled hearing.
  • The Court makes every effort to be accessible to all parties. If you require an accommodation, you must let the Registry know in writing as soon as possible.
  • You should prepare for your hearing to the best of your ability. Familiarize yourself with the law, the rules of procedure and the legal principles that apply to your case. Make every effort to seek and obtain legal advice.
  • Bring to the hearing a copy of all relevant documentation that has been previously filed with the Court.
  • Prepare and organize the information to which you intend to refer in a way that will make it easy to refer to during your presentation.
  • Your arguments will be more persuasive if you can point to a legal authority that supports your position (for example, sections of applicable laws or court decisions on similar issues).
On the day of the hearing
  • Standard courtroom attire is, above all, respectful. Judges, lawyers, and the registry officer assigned to a hearing will usually wear legal gowns. Others may choose to wear business attire or other culturally-appropriate attire as would be worn for a serious event or gathering. Unrepresented parties who are not lawyers should not wear legal gowns.
  • Arrive for your hearing at least 30 minutes prior to the time scheduled for commencement. Use any extra time to review your notes or prepare for your case.
  • All courthouses have security personnel. Please speak with them if you need assistance locating a courtroom.
  • At the courthouse all members of the public need to pass through security screening before being granted access to a courtroom. More information is available on the Courts Administration Service website.
  • Once you reach the courtroom, you should introduce yourself to the Registry Officer assigned to the hearing. Once all parties and the judges are present, the Registry Officer will “open court”, that is, announce the start of the hearing.
Who will be in the courtroom during the hearing?
  • Three Federal Court of Appeal judges will be present. Their role is to listen to and ask questions about your arguments in a neutral, impartial manner. Prior to the hearing, they will have reviewed the documents that you and any other litigants have filed. The judges will make a decision regarding your case based on the documents filed with the Court and the arguments made during the hearing. While they may give you some guidance during the hearing, the judges cannot give you legal advice or assistance.
  • The Registry Officer assigned to the hearing keeps a record of events that occur during the hearing and records the hearing. Should you have any questions before the hearing, the Registry Officer will do their best to assist you but they cannot give legal advice.
  • The Court Usher is responsible for maintaining order in the courtroom. The Court Usher may, at a judge’s request, remove anyone from the courtroom who behaves inappropriately or disrespectfully toward others.
  • The other party to your proceedings and/or their lawyer, if they are represented. They will sit on the other side of the courtroom.
  • If someone accompanies you to the hearing, they must sit in the seating reserved for the public at the back of the courtroom.
  • Generally, hearings in the Federal Court of Appeal are open to the public. Members of the public may be present in the courtroom. If the Court has ordered that proceedings be held in camera (in private), a sign to that effect will be posted on the door. Such orders are rare.
Who sits where?
  • The three judges will be seated on the bench, a long elevated platform with a desk at the front of the courtroom. They will be facing you.
  • The Registry Officer’s desk is located between the bench and counsel tables. The Registry Offier will be positioned with their back to the judges, facing the participants in the hearing.
  • Tables at the front of the courtroom are reserved for parties. When you are facing the judges, the tables to the left of the room are reserved for the appellant or applicant (i.e. the party who started the proceeding in the Federal Court of Appeal). The responding party will be seated at the tables to the right of the room.
Conduct of the hearing
  • At the opening of the Court or after a recess or adjournment, the Court Usher enters the courtroom in front of the judges and will call “Order” at which point everyone in the courtroom must stand (if they are able to do so) and remain standing until the judges sit down or the Registry Officer advises otherwise. When the hearing is finished and the judges stand, or if the judges stand to leave the courtroom for a break, then the Court Usher will ask you to stand (again, if you are able).
  • If you are the applicant or the appellant (the party who started the proceeding in the Federal Court of Appeal), you will normally be asked to present your case first. Stand up at the lectern (if you are able to do so) and introduce yourself. Always face the judges and speak loudly and clearly when presenting your case. The microphones in the courtroom will record what you are saying.
  • The judges are familiar with the application or the appeal before they enter the Courtroom. They have read the materials filed by each of the parties.
  • Since the judges are familiar with the materials that have been filed, rather than read your memorandum to the Court, you may want to highlight certain points or explain why you think that your position should prevail over the other party’s position.
  • Judges sometimes ask questions so that they can better understand what you are trying to say or follow your line of argument. Questions are not a bad thing! They can sometimes catch you by surprise or interrupt your train of thought. Take your time, try your best to understand the question being asked, seek clarification if you need it, and then do your best to answer.
  • Keep in mind the time that has been allocated for the hearing. Typically, the parties are each entitled to use half that time for their presentation.
  • When your presentation is finished and unless the Court has any further questions, you may sit down.
  • The other party will make their argument.
  • You may take notes during the presentation of the other party to help you remember what they have said. The applicant or the appellant is permitted to give a brief reply, but only on new points raised by the other party. The applicant or the appellant is not permitted to restate points they have already made.
  • Time used in presenting a reply generally comes from that party’s share of the time allocated for the hearing. It is wise, therefore, for the applicant or appellant to reserve some of their time for this purpose.
  • The Court may take a short recess and then give its decision at the end of the hearing. This is called a “decision from the bench.” In other cases, the Court will “reserve” its decision, meaning that the Court’s decision will be rendered later. If your case is taken under “reserve”, you will receive a copy of the decision from the Registry at a later date.
Courtroom decorum
  • Coats and hats are removed before entering the courtroom.
  • Food, beverages and gum should not normally be brought into a courtroom. Special permission may be granted in some circumstances, such as to accommodate a medical condition.
  • Water is normally provided at the counsel tables in the courtroom for unrepresented parties and lawyers who are participating in the hearing.
  • The use of electronic devices in the courtroom is permitted, provided the devices are used in “silent” or “vibration” mode so as not to affect the decorum, the good order and the course of the proceedings. It is not permitted to make or receive phone calls in the courtroom, to broadcast or send photos, audio or video recording from the courtroom to the outside. You are not allowed to use any kind of recording devices, unless you have asked permission and the presiding judge (i.e. the judge seated in the middle of the bench) allows it.
  • No photographs or videos are to be taken inside the courtroom.
  • The judge is addressed as “Justice” or “Justice [last name].”
  • The Registry Officer may be addressed as "Registrar."
  • The other party or lawyer is addressed by their last name and title, for example, Mr. Jones, Ms. Smith. You may hear a lawyer call another lawyer “my friend” in a courtroom. This does not signify a personal relationship but has traditionally been considered a polite way for a lawyer to refer to another member of the bar.
  • Unless they are unable to do so, everyone should stand when speaking to the judges or when being spoken to by them.
  • If you do not understand what the judges have ordered or asked, you may ask them to explain.
  • Only one person speaks at a time. You should take care not to interrupt a judge or other party when they are speaking.
  • If you disagree with something that the other party tells the judges, write it down. You will be provided with the opportunity to respond.
  • The courtroom is a formal setting where serious issues are dealt with on a regular basis. Litigation can be stressful. Please be polite and respectful to everyone in the courtroom.
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