What is it for?
The continuing record is the court’s running record of documents in a case. Rule 9 tells you how to use a document already there without serving and filing the same document again.
What it can and cannot do
What Rule 9 can and cannot do: It avoids duplicate service and filing of an existing record document. It does not excuse serving a new affidavit or meeting the deadline for a motion, conference, or pleading. A Case Center upload alone does not establish court filing.
Forms to use and what to put in them
You do not complete a new Rule 9 form just to rely on a document already in the continuing record. In the new brief, affidavit, or confirmation for your current step, give the existing document’s tab, title, and date so it can be found. For a genuinely new document, use the form for that proceeding and prove service as required.
How to prepare
- Check that the document is actually in the record.Find its tab in the continuing record. Having a copy in your own files does not by itself mean it is in the court record.
- Identify the document by its tab.When you rely on it in later material, give the tab reference so the other party and the court can locate it. Add the document’s name and date for clarity.
- Do not serve and file the same document again.Rule 9(13) says a party shall not serve or file a document already in the record, even if another rule would otherwise call for service and filing.
- Serve and file new material in the usual way.A new affidavit, updated statement, or other document that is not already in the record still needs the applicable service and filing steps. Check the rule for that particular step.
Example reference: “My affidavit dated September 10, 2026 is at Tab 12 of the continuing record.” Use the actual tab shown in your case.
Continuing record and Case Center
The continuing record under Rule 9 and Case Center are different. The provincial direction says that a Case Center upload is not a court filing. For an East Region self-represented person, court staff upload accepted filings before trial. If a document is already in the continuing record, Rule 9’s tab reference still matters; the East Region direction also asks confirmation forms to identify materials by volume, tab, and page. Keep the court’s filing confirmation and follow the current directions for the event.
Provincial filing and Case Center direction ↗ · East Region confirmations ↗
How this step fits into the court process
- Check the continuing record.Locate the exact existing document and tab. Note its date and title. Do not assume your private copy or Case Center upload proves it is filed.
- Use the reference in your current document.In a Form 14A, 17A, or other filing, identify the existing tab instead of attaching and serving the same document again.
- Complete the current proceeding.Serve and file any genuinely new material with Form 6B proof as required. Request and confirm a hearing only if the motion or conference rules require one. Rule 9 creates no independent hearing or confirmation deadline.
Rule at this step: Rule 9(13) prevents duplicate service or filing; Rule 9(15) requires the tab reference, with its support-enforcement exception. Rule 6 and the current proceeding control new material.
Timeline for serving and filing
- Before using an existing document.Check that it is actually in the continuing record and identify its tab. Refer to the tab, name, and date in your new material.
- When serving new material.Serve and file a new document by the deadline for the particular motion, conference, or pleading. Keep proof of service. Rule 9(13) says not to re-serve or re-file a document already in the record.
Rule 9 does not supply one response period for every filing; use the deadline for the process in which you rely on the document. Check the current Family Law Rules ↗
Hot points to remember
- No duplicate service or filing: Rule 9(13) applies to a document already in the record. It does not excuse serving something new.
- Give the tab: Rule 9(15) says to refer to a document you rely on by its tab in the record. The rule makes an exception for a support enforcement continuing record.
- Check the current directions: Filing, the continuing record, and Case Center are related but distinct steps. Follow any court order and the current Ottawa and East Region directions for your event.
Where are the page and evidence limits?
Rule 9 does not set a page or evidence allowance for the continuing record. A new motion affidavit or conference brief still has the limits for that event. Refer to an existing document by its record tab rather than filing another copy.
What this page covers
This is a practical explanation of two parts of Rule 9. Rule 9 has other requirements about creating and maintaining the continuing record. Read the full rule and the court’s directions before taking a step in your case.