RULE 17. (1) If it is considered just in the circumstances, the Court may, on motion, extend or abridge a period provided by these Rules or fixed by an order and the motion may be brought before or after the expiration of the period provided by these Rules or fixed by the order.
(2) Despite subsection (1), a party may, without bringing a motion, have a period provided by Rule 5, 7, 8, 9, 10, 14 or 16 extended once, for a period not exceeding one half of the number of days in that period, if the party obtains the written consent of all the parties and files the consent in the Registry before the time provided by the Rule.
(3) No extension may be made on consent of the parties in respect of a period fixed by an order of the Court.
- SOR/92-152, s. 6;
- SOR/2001-91, s. 15.
RULE 18. (1) Where the time limit imposed by the Rules or an order is less than six days from or after any event, a holiday shall not be reckoned in the computation of such limited time.
(2) Where the time limit for doing a thing expires or falls on a Saturday or holiday, the thing may be done on the day next following that is not a Saturday or holiday.
- SOR/2001-91, s. 16(E).
REPRESENTATION BY COUNSEL
RULE 19. (1) A party may begin and carry on an appeal or an application in person or by counsel.
(2) Barristers or advocates are officers of the Court and may practise in the Court if they are
(a) entitled by law to practise as barristers or advocates in any province or territory of Canada; or
(b) assigned to practise in the Court by the Judge Advocate General.
(3) When a party files any document in the Registry signed on his behalf by counsel, that counsel shall be and remain the party’s counsel of record until a change is effected in a manner provided for by this Rule.
(4) A party who is represented by counsel of the party’s own choice may, without leave, and by notice filed in the Registry, change that counsel. The notice must be signed by the new counsel and a copy served on the other party, the former counsel and the Court Martial Administrator. The notice is not effective until proof of that service has been filed in the Registry.
(5) Where one counsel of record of a party is appointed by the Director of Defence Counsel Services, the party may apply for an order for leave to change that counsel, provided that notice of the application is given to the Director of Defence Counsel Services, the other party, the counsel of record and the Court Martial Administrator. The party shall serve the order on them and the order shall not take effect until proof of that service has been filed.
(6) Where, for any reason, the counsel of record ceases to represent a party, that counsel may apply for an order declaring that the counsel is no longer counsel of record, provided that notice of the application is given to the parties and, if counsel was appointed by the Director of Defence Counsel Services, the Director of Defence Counsel Services. The counsel shall serve the order on the parties, the Court Martial Administrator and the Director of Defence Counsel Services and the order shall not take effect until proof of that service has been filed.
(7) A party who is no longer represented by counsel of record shall file with the Registry and serve on the other parties and the Court Martial Administrator a notice of the party’s address and telephone and facsimile numbers for service in Canada.
- SOR/92-152, s. 7;
- SOR/2001-91, s. 17.
- Date modified: