Montreal, May 13, 2005
NOTICE TO THE MEMBERS OF THE BAR
SUPERIOR COURT - DIVISION OF MONTREAL
Motions to institute proceedings in family matters
(with the exception of those contemplated by Article 813.9 C.C.P.)
1. Presentation of Motions to institute proceedings
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| 1.1 |
The conclusions of a Motion to institute proceedings must include the main demand as well as any interim, provisional or accessory measures being sought. |
| 1.2 |
If a motion to institute proceedings must be contested orally in accordance with Article 175.2 C.C.P., the backings of any proceeding must make mention of same.
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| 1.3 |
If the timetable filed contemplates an oral contestation, it must contain a summary of the grounds of the defence.
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| 1.4 |
Motions to institute proceedings include a notice of presentation before the Special Clerk in Room 2.17, at 9:00 am.
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| 1.5 |
When the parties have agreed on a timetable for the conduct of the proceedings and have filed it, they do not have to appear; in such cases, the timetable is referred for verification.
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| 1.6 |
After verification, the Court may convene the parties to discuss ways to ensure proper management of the case (art. 4.1 C.C.P.) within the peremptory time limit (art. 110.1 C.C.P.).
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| 1.7 |
In case of a disagreement between the parties, the file is referred to Room 2.11. |
| 1.8 |
The judge hears the Motions to institute proceedings referred by the Special Clerk in order to set a timetable, or for any other demand which requires the judge to intervene with respect to the management of the case. |
| 1.9 |
Request for Special Case Management by a Judge (art. 151.11 and ff. C.C.P.) : All requests for Special Case Management are made by Motion. This Motion, served on all parties, is presentable in room 2.17 for family matters.
The Motion must allege the nature or complexity of the proceedings and include, if possible, the agreement on the conduct of the proceeding.
The Motion will be referred to the judge sitting in room 2.11 for family matters.
If it appears to the judge, based on the Court record and its conduct, that the proceeding warrants case management, he will refer the record to the Associate Chief Justice for adjudication. Otherwise, he dismisses the Motion.
All requests to extend the delay of one year must be made by separate motion presentable in room 2.11 for family matters or be included in the Motion for Special Case Management. |
2. Preliminary exceptions:
Preliminary exceptions and their conclusions must be disclosed at least two days prior to the date of their presentation.
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3. Declaration that a file is complete (DFC):
The declarations under Articles 274.1 and 274.2 C.C.P. must also contain, in addition to what is mentioned in those two provisions, the following additional information:
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a summary statement of the questions in dispute;
the object of the testimony of each witness and the language in which each witness will testify, whether in French or in English, or if an interpreter will be required;
confirmation that the file is complete and is ready to be tried on the merits.
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4. Attestation that a file is complete (AFC):
After 30 days from the filing of the inscription under Article 274 C.C.P., the Clerk verifies whether the file is complete and ready to be tried on the merits, and, if such be the case, signs an attestation to that effect, specifies the duration of the hearing on the merits and so notifies the parties.
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5. Notice that a file is incomplete (NFI):
| 5.1 |
After the filing of the inscription pursuant to Article 274 C.C.P., if the Clerk determined that the file is incomplete, the Clerk so notifies the parties and the party in default has 30 days to remedy the default. |
| 5.2 |
If within 30 days of the reception of said notice the default has not been remedied, the parties or attorneys may be convened to a calling of the provisional roll in order to explain the reasons for the file not then being in a state of readiness.
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ANDRÉ DESLONGCHAMPS
Associate Chief Justice
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