Montreal, May 13, 2005
NOTICE TO THE MEMBERS OF THE BAR
SUPERIOR COURT - DIVISION OF MONTREAL
Applications for divorce or separation from bed and board,
and applications in nullity of marriage and various other family matters (acknowledgement of paternity, deprivation of parental authority or others) by default to appearor to plead (ex parte)
or by joint application
1. Applications for divorce or separation from bed and board
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| 1.1 |
Applications for divorce or separation from bed and board, by default to appear or to plead, or by joint application, will not be treated if the file is incomplete, whether from a procedural standpoint or as a result of the failure to produce the documents required by Rules 21 to 31 of the Rules of Practice of the Superior Court of Quebec in Family Matters. Such documents include a draft judgment in conformity with the “aide-mémoire” in such matters that is available at the Office of the Court and reproduced on the Court Web Site.
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| 1.2 |
Proof is made by way of detailed affidavits. |
| 1.3 |
An inscription is not required for a joint application. The application is treated when it is filed at the Office of the Court, accompanied by the exhibits (Rule 25), the draft of the agreement between the parties and the required detailed affidavits.
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| 1.4 |
The cases inscribed for default to appear are treated when the inscription is filed.
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| 1.5 |
In cases presented for default to plead, the party produces an inscription for default to plead, accompanied by a notice of presentation for a specified day before the Special Clerk in Room 2.17. The required detailed affidavits are filed with the inscription. The Special Clerk shall forward the files inscribed for default to plead to the Office of the Court.
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| 1.6 |
Exceptionally, if an attorney or a party wishes to have access to a judge in order to complete the file, such a request can be made to the Special Clerk in Room 2.17. If the latter deems it appropriate, he will refer the file without delay to the judge sitting in Room 2.11. After review of the file, if the judge considers that a hearing at a later date is required, he will make note of same in the file before forwarding it to the Master of the Rolls for verification. |
| 1.7 |
In every case, after verification:
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1.7.1 |
if the file is complete and a hearing before the Court is required as the result of a judge’s order or following the verification of the file by an officer of the “Service des jugements”, the latter will notify the attorney or the party to communicate with the Master of the Rolls to fix a date for the hearing. |
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1.7.2 |
If the file is complete and a hearing is not required, it is transmitted to a judge for adjudication. If the judge considers that the file should be referred to the Court , an officer of the “Service des jugements” will notify the attorney or the party to communicate with the Master of the Rolls to fix a date for the hearing. |
