Montreal, May 13, 2005
NOTICE TO THE MEMBERS OF THE BAR
SUPERIOR COURT - MONTREAL
MOTIONS IN FAMILY PRACTICE DIVISION
1. Motion presentation in practice division
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| 1.1 |
All motions in family matters are presented before the Special Clerk. The cases are called at 9 a.m. |
| 1.2 |
Once the Roll has been called, cases declared ready for the filing of consent orders, setting of dates or for obtaining interim orders with dates in Room 2.01, shall be immediately dealt with in the order on which they appear on the Roll.
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| 1.3 |
Once these cases have been dealt with, cases suspended at the calling of the Roll call are heard as soon as the lawyers declare that they are ready, whether for the filing of consent orders, setting of dates, obtaining of interim orders or to proceed by default.
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| 1.4 |
When the Special Clerk leaves Room 2.17 after having called on the lawyers who are still outside the room, suspended cases in which there have been no answers at the calling of the Roll or for which no messages have been left with the Master of the Rolls shall be continued sine die.
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| 1.5 |
Besides dealing with matters within his or her jurisdiction, as set out in the Code of Civil Procedure, the Special Clerk can specify the measures needed to render a file ready for hearing and set the necessary timetables. The Special Clerk shall set the date for a hearing in Room 2.01 only after having ascertained that these measures and deadlines have been respected.
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| 1.6 |
The Special Clerk shall immediately refer to Room 2.11 all motions by default and applications for interim orders. |
2. Applications for a postponement
| 2.1 |
The Special Clerk shall grant up to three applications by consent for a postponement without an explanation. Similarly, the parties can also obtain such a postponement by telephone from 2:30 p.m., the day before the motion is to be heard, until 11 a.m. of the day of the hearing, or also by going to the office of the Master of the Rolls.
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| 2.2 |
In the case of a fourth request for a postponement, the Special Clerk shall verify if the mediator's report has been filed:
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2.2.1 |
If the mediator's report has not been filed, he or she shall adjourn the motion sine die unless an agreement has been reached by the parties; |
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2.2.2 |
If the mediator's report has been filed, he or she shall require the parties to explain why the case is not yet ready to proceed and shall then set a timetable. |
| 2.3 |
A fifth application to postpone shall be referred automatically to the Judge presiding in Room 2.11. |
3. Application by consent for an order to safeguard the rights of the parties
| 3.1 |
If the mediator's report has not been filed, the Special Clerk shall homologate the application by consent for a maximum period of thirty (30) days and adjourn the Motion for Provisional Measures to such date. Any request for an extension must be authorized by the Judge presiding in Room 2.11;
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| 3.2 |
If the mediator's report has been filed, the Special Clerk shall homologate the application by consent according to its terms.
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4. Calling of the roll in room 2.01
| 4.1 |
The calling of cases shall begin at 9 a.m.
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| 4.2 |
Any application to postpone a case fixed in Room 2.01 shall be made to the presiding Judge. The Judge shall deal with the matter, taking into account the provisions of Rule 27 of the Rules of Practice of the Superior Court in Civil 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 shall be referred to the Special Clerk who shall set a new date of hearing in accordance with the Judge's instructions.
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ANDRÉ DESLONGCHAMPS
Associate Chief Justice
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