Montreal, May 13, 2005
NOTICE TO MEMBERS OF THE BAR AND
TO PARTIES NOT REPRESENTED BY AN ATTORNEY
SUPERIOR COURT - MONTREAL
CALLING OF THE PROVISIONAL ROLL
1. Calling of the provisional roll
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| 1.1 |
Once the attestation that the file is complete has been delivered, it is placed on a provisional roll presided by a Special Clerk. |
| 1.2 |
At the calling of this roll, the latter discusses summarily with the parties or their attorneys the "appropriate means to simplify the suit and to shorten the hearing…" (Art. 18 R.P.C.S.).
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| 1.3 |
Any problem relating to the management of the case is referred, without delay, to the judge sitting in room 2.07.
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| 1.4 |
A case cannot be fixed for trial unless the minutes of the pre-trial conference establish that it is ready to proceed.
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| 1.5 |
Only the parties, the attorneys in charge of the case, or colleagues having detailed knowledge of the case and who are authorized to make commitments on behalf of their clients are allowed to participate at the calling of the provisional roll.
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| 1.6 |
If the parties or their respective attorneys fail to attend, the Judge may use any means deemed necessary to require their presence. |
| 1.7 |
Before the date of hearing of the calling of the provisional roll indicated in the Notice of Filing of the Certificate of Readiness, the parties or their attorneys must have reviewed the case, discussed it with each other and made appropriate admissions. If these discussions lead to a settlement, they advise the Master of the Rolls in advance to be exempted from attending the calling of the provisional roll.
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| 1.8 |
In order to insure that the process is completed in one session and with a view to simplifying the trial and reducing its duration, the parties must have with them, at the calling of the provisional roll, the exhibits that they have disclosed to the other party unless their number or extent are such that it would be more practical to review them at the office of the attorney who has them in his possession.
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| 1.9 |
The parties must also produce a document containing the following information: |
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1. A list of the admissions that have been agreed upon that have not already been made in the written proceedings;
2. A list of suggested additional admissions which have not been previously mentioned in the Declaration of Inscription on the Roll;
3. The duration of the time required for the examination in chief of each one of your witnesses.
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| 1.10 |
Before attending at the calling of the provisional roll, the parties must verify their own availability and that of their expert witnesses, if any, in order to insure that a date for the trial may be fixed immediately.
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| 1.11 |
If the parties or their attorneys affirm at the calling of the provisional roll that the case is in the process of settlement, the Judge may, at his discretion, strike the Certificate of Readiness rather than continue the case to a subsequent calling of the provisional roll. |
