APPLICABLE TO THE CIVIL DIVISION
AND WITHDRAWAL OF A RECORD OR EXHIBIT
A record or
exhibit may be consulted only in the presence of the clerk or a
person designated by him.
A record may
be withdrawn from the office of the court only at the request or
with the authorization of the judge or the clerk.
A medical record
and an expert opinion prepared by a physician, a psychologist or
a social worker and filed in the record shall be kept in a sealed
envelope and no one, except the parties or their attorneys, shall
be allowed access without the permission of the court or a judge.
Access to such documents includes the right to make copies thereof
at the partys expense.
must be legibly written on one side of a sheet measuring 21.5 X
35.5 cm. The reverse side of the sheet must indicate the nature
and subject of the pleading, the amount in dispute, the record number
and the names of the parties, as well as the name, address, postal
code, telephone number, fax number and computer code of the attorney
of the party filing the pleading.
In the event
that the party is representing himself, the attorneys computer
code and fax number are not required.
filed by a party shall be signed by his attorney. In the event that
this party is not represented by an attorney, his pleadings shall
be signed by himself.
In all pleadings,
the parties shall retain the same order and designation as in the
procedure which instituted the proceedings.
pending on 1 January 2003, all pleadings pertaining to the simplified
procedure as well as the reverse side of such pleadings shall bear
the heading "SIMPLIFIED PROCEDURE" above Court of
Where a list
of exhibits is submitted, that list shall enumerate and identify
the exhibits to which it refers.
Each of these
exhibits shall bear a number preceded by an identifying letter attributed
to each party.
The record number
and the classification code shall appear on the front of the exhibit,
and on the reverse side where applicable.
The clerk who
receives a pleading shall number it and mark upon it the date and
time it was received, and record it in the plumitif.
When the record
is forwarded to the court or the judge, an updated statement of
the plumitif shall be filed therein and all prior statements destroyed.
Where a change
is made to a pleading, all additions or substitutions must be underlined
or indicated in the margin with a vertical stroke, and all deletions
must be indicated with a dotted line between brackets.
Where it has
been ordered that changes are to be made to a pleading, a new pleading
incorporating said changes as provided in section 28 shall be filed
in the record within the prescribed time.
PRESENTED TO THE PRACTICE DIVISION AND THOSE TO BE PRESENTED TO
THE JUDGE ACTING IN CHAMBERS
pleadings presented to the Practice Division or before a judge acting
in chambers shall indicate the title, both on the reverse side and
on the frontispiece, as well as the reference to the legislative
or regulatory provision on which it is based.
A pleading intended
for the Practice Division must be submitted to the office of the
court one clear juridical day before the date of its presentation.
The notice of
presentation must mention the time at which the pleading will be
In cases of
emergency, the judge may shorten this delay.
The motion to
quash a seizure before judgment and the motion to quash an order
rendered under article 2767 of the Civil Code of Québec because
of the falsity of the allegations of the affidavit shall indicate
those allegations that are being contested and set out the grounds
for the contestation.
FOR JUDGMENT BY DEFAULT
for judgment by default to appear or to plead shall indicate the
nature of the case and the amount in question.
Motion to schedule
a case by preference
to schedule a case by preference must be made in the form of a written
motion giving the reasons in support thereof, and must be presented
to the judge designated for such purpose.
may be made for cases due to their complexity, the number of witnesses,
or any other exceptional circumstance.
Motion for recusation
pending on 1 January 2003, the motion contemplated by article 238
of the Code of Civil Procedure shall be presented to the coordinating
judge or the judge designated by him.
Motion for adjournment
No case set
for proof and hearing shall be adjourned solely by the consent of
for adjournment of a case set for proof and hearing shall be presented
to a judge in writing, with the reasons in support thereof, at least
eight days before the date set for the hearing.
the time limit provided for in section 37, if the reasons for the
adjournment are known less than eight days before the date set for
the hearing, the coordinating judge, the associate coordinating
judge or a judge designated by one of the former may receive an
oral motion for adjournment, and make a decision in the best interests
may also be presented to the trial judge.
Motion for proof
and hearing of a case in another district
A motion for
proof and hearing of a case in another district shall be presented
at the place where the proceedings were instituted and heard by
the judge designated for this purpose.
In the judicial
district of Montréal, the motions provided for in this Division
shall be presented to the associate coordinating judge or the designated
judge on Thursdays at 2:15 p.m. in room 13.09 of the Courthouse
of Montréal, subject to the power of the coordinating judge
or the designated judge to decide otherwise.
shall be filed with the office of the court no later than the day
before the date set for the hearing.
FOR PROOF AND HEARING OF CONTESTED CASES
form is filed together with a declaration containing the following
(1) the names
and addresses of the parties and, if they are represented by counsel,
the names and addresses of their attorneys;
a list of the exhibits communicated to the other parties;
the expected length of the hearing; and
a list of witnesses, except where there is reasonable cause not
to disclose their names.
and the declaration must be notified to the other parties.
Within 30 days
of inscription, each of the other parties must file a declaration
containing the same information and notify it to the other parties.
the filing of the inscription, the attorneys shall:
notify the clerk of any proceeding which could modify the status
of the record;
notify the court as soon as any out-of-court settlement is reached
and file the declaration recording that settlement in the record.
SENDING OF THE ROLL FOR PROOF AND HEARING
to the attorneys, by the clerk, of the abstract of the roll concerning
them constitutes the notice to the attorneys required by article
278 of the Code of Civil Procedure.
pending on 1 January 2003, receipt of the abstract referred to in
section 43 constitutes for the parties an express requirement, for
the purposes of the second paragraph of article 331.7 of the Code
of Civil Procedure (as it read before 1 January 2003), to file the
exhibits and examinations on discovery at the office of the court
within 15 days.
OR STENOGRAPHIC RECORDING
The clerk shall
make an audio recording of the arguments and addresses.
When the services
of a stenographer are required, he shall proceed to the courtroom
at the time the hearing begins and remain there until such time
as he is released by the judge.
shall record the arguments during the hearing. He shall also record
the addresses, unless he is exempted from doing so by the judge
or the parties attorneys.
person may obtain from the clerk, upon payment of a fee, a copy
of the audio recording of the hearing.
OF THE HEARING
The clerk shall
draw up the minutes of the hearing, in which he shall enter:
(1) the record
(2) the identification number of the tape reel, where applicable;
(3) the names of the parties in the case;
(4) the presence or absence of any party;
(5) the names of the attorneys, their computer codes and the parties
they are representing;
(6) the name of the judge presiding over the hearing;
(7) the names of the clerk and the stenographer, where applicable;
(8) the date and time of the beginning and the end of the hearing
and, where applicable, the tape position numbers;
(9) the nature of the case and the amount of the claim, where
(10) the name, age and address of each witness, as well as the
name of the party calling them to testify;
(11) the code and the description of all the exhibits filed;
(12) the conclusions of any judgment, order or measure rendered
at the hearing by the judge;
(13) the grounds for any decision pertaining to a motion for adjournment;
(14) the different stages of the proceedings, indicating the time
and, where applicable, the tape position numbers.
OR WRITTEN ADDRESSES
A party who
relies on a judgment or legal doctrine shall provide a copy thereof
to the judge and the parties, indicate the relevant pages and mark
the passages quoted.
A party who
relies on regulatory or legislative provisions other than those
of the Civil Code or the Code of Civil Procedure shall provide a
copy thereof to the judge and the parties.
a record to the judge for purposes of advisement, the clerk shall
ensure that it is complete. If the record is incomplete, the clerk
must notify the attorneys of this fact so that they may take the
necessary action to complete it.
No case shall
be taken under advisement until the record has been duly completed,
unless the judge decides otherwise.
Where the proof
heard out of court under article 196 of the Code of Civil Procedure
has been filed in the record, the clerk must, if he does not have
the authority to render a judgment and the court does not sit in
the district, transmit the record to the judge who authorized the
proof to be heard out of court.
A judgment that
is written and signed on a pleading presented to the judge does
not need to be written and signed again separately. An authentic
copy thereof may be issued by the clerk.
Should the parties
fail to complete the proof or the record within the time fixed by
the judge during the hearing of a case whether it is being contested
or not, the judge may remove himself from the record or render a
judgment in accordance with the record as it is constituted or render
any other order he considers appropriate.
APPLICABLE TO CASES APPEALED FROM BEFORE THE COURT OF QUÉBEC
applies to cases appealed from before the Court of Québec,
except for appeals that lie from decisions of the Régie du
Within 60 days
following the filing of the proceeding which institutes the appeal
or the judgment authorizing the appeal, the coordinating judge,
the associate coordinating judge or the judge designated for this
purpose shall contact or summon the parties and, after having heard
the representations of the parties or their attorneys:
upon the appropriate means to simplify the proceeding and shorten
the hearing, including the advisability of admitting some fact
or document and supplying the list of authorities the parties
intend to submit;
establish, where applicable, a schedule for the filing of the
set the date of the hearing.
APPLICABLE TO APPEALS THAT LIE FROM DECISIONS OF THE RÉGIE
applies to the appeals provided for in sections 91 to 107 of the
Act respecting the Régie du logement (R.S.Q., c. R-8.1).
except for those provided for in Book IV of the Code of Civil Procedure,
pertaining to an appeal, shall be served in the manner provided
for in articles 120 to 146 of the Code, or by registered or certified
mail with notice of receipt or delivery, with no requirement to
obtain the authorization provided for in article 138 of the Code.
The motion for
leave to appeal must indicate the questions that the petitioner
intends to submit to the court.
The clerk shall
transmit the judgment authorizing the appeal without delay to the
Régie du logement and the parties. Within 15 days of receipt
of this judgment, the Régie shall transmit a true copy of
the record in its possession to the office of the court.
procedure in courts of first instance, provided for in Book II of
the Code of Civil Procedure, shall apply to the appeal insofar as
it is not incompatible with the Act respecting the Régie
Under the authority
of the coordinating judge or the associate coordinating judge, the
clerk shall list the cases inscribed for proof and hearing on a
A party who
wishes to call a witness to testify may do so by a summons to appear
issued in accordance with article 280 of the Code of Civil Procedure.
The service is made at the expense of this party.
As soon as the
judgment is filed with the office of the court, the clerk shall
send a copy thereof to the parties and to the Régie du logement.
set out in Divisions I to XII of this Chapter shall apply to this
Division, with the necessary modifications.