Montreal, May 13, 2005

NOTICE TO THE MEMBERS OF THE BAR

SUPERIOR COURT - MONTREAL

MOTIONS IN CIVIL PRACTICE DIVISIONS

 

1
All motions in civil or administrative matters are presented before the special clerk at 9 a.m. in room 2.16. Beside dealing with matters within his or her jurisdiction, as set out in the Code of Civil Procedure, the special clerk shall fix at another date, if necessary, the hearing of these motions in room 2.08.
2
The special clerk may specify the measures to be taken to make the file ready for hearing and set the necessary time-tables. He sets the date of hearing in room 2.08 only after having ascertained that these measures and deadlines have been respected.
3
Any demand within the exclusive jurisdiction of a judge as well as all demands requiring the intervention of the judge is referred by the special clerk to the judge sitting in room 2.08.
4
If a motion presented before the special clerk is ready to proceed, but does not fall within the jurisdiction of the special clerk, it is immediately referred to the judge presiding in room 2.08.
5
All motions that require three days or more of hearings are referred to the Associate Chief Justice, who sets the date of hearing after holding pre-trial conference, if needed.
6
Any application to postpone a case fixed for room 2.08 is made to the presiding judge. This judge deals with the matter, taking into account the provisions of Rule 19 of the Rules of procedure of the Superior Court of the district of Montréal in civil and family matters, which provides for the striking from the roll of all proceedings that have already been adjourned twice. If the judge grants the postponement, the motion is referred to the special clerk who sets a new date of hearing following the instructions of the judge.
7
The calling of cases placed on the roll in room 2.08 begins at 9 a.m.

 

ANDRÉ DESLONGCHAMPS
Associate Chief Justice


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