1. Purpose: what this process aims to do
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.Check: Family Law Rules — 9
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.Check: Family Law Rules — 9
2. Forms and documents you need
| Document | When you need it | What to include |
|---|---|---|
| Record reference | To rely on a document already in the continuing record. | Give its actual tab, document title and date in your new material. No new Rule 9 form is needed for this reference. |
| The form for the current step | For genuinely new material. | Use the motion, conference, pleading or update form required for that step, with proof of service where required. |
Choose the documents that apply to your claims and this route. Use the current official forms and check the instructions printed on each form.Check: Official family forms — form instructionsCheck: Family Law Rules — Rule 9
3. Put the package together
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.Check: Family Law Rules — Rule 9
- 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.Check: Family Law Rules — Rule 9
- 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.Check: Family Law Rules — 9(13)
Example reference: “My affidavit dated September 10, 2026 is at Tab 12 of the continuing record.” Use the actual tab shown in your case.Check: Family Law Rules — Rule 9
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.Check: Family Law Rules — 9
Provincial filing and Case Center direction ↗ · East Region confirmations ↗Check: Family Law Rules — Rule 9
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.Check: Family Law Rules — 9
4. Get it before the court
A record reference needs no hearing of its own. Put the tab reference in the document for your current step; book and confirm only the event that actually requires a hearing.Check: Family Law Rules — Rule 9
File the documents through the right channel
Use Family Submissions Online or the permitted self-represented counter/email route. Follow any urgent-filing instruction or order. Retain the court’s acceptance confirmation and Case Document List; a submission receipt alone is not acceptance.Check: Provincial family direction — paras. 1–7, 13–18
Filing and Case Center are separate. In regions outside Toronto, court staff upload accepted pretrial filings for self-represented people. A Case Center upload does not file a document.Check: Provincial family direction — paras. 29–33
5. Service, filing and the timeline
The trigger below may be service, a refusal notice, a court decision or the claim document itself. You do not wait for a new hearing date when the rule requires action earlier.Check: Family Law Rules — Rule 9
- 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.Check: Family Law Rules — Rule 9
- 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.Check: Family Law Rules — 9(13)
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 ↗Check: Family Law Rules — 9
Carry out the document and delivery steps
- 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.Check: Family Law Rules — Rule 9
6. 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.Check: Family Law Rules — 9(13)
- 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: Family Law Rules — 9(15)
- 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.Check: Family Law Rules — Rule 9
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.