CHAPTER IV
Readiness of records

15 Certificate of readiness. No action introduced by a declaration and contested on the merits shall be placed on the roll for hearing, unless a certificate of readiness complying with Form III, issued by the Clerk, is filed in the record. As soon as the certificate is filed, the Clerk shall so notify the parties and their attorneys.

The Clerk shall issue the certificate when each party, except any party who has not contested, has served and filed in the record a declaration of inscription on the roll for hearing complying with Form II. Such declaration shall be accompanied by a list of the exhibits communicated.

Failure on the part of a party to file such declaration within the prescribed time gives rise, in particular, to the application of Article 477 of the Code of Civil Procedure.

The declaration of inscription on the roll shall be made by the attorney under his oath of office and shall include an attestation of the party he represents; a sworn declaration shall be made by a party that is not represented by an attorney.

The party on whom the declaration of inscription on the roll is served has 60 days to serve and file his declaration of inscription on the roll; that period shall be reduced to 30 days under the simplified procedure. Failing compliance, the party is foreclosed from doing so. At the expiry of the period, the Clerk shall issue the certificate of readiness. Thereafter, the foreclosed party may not file his declaration without authorisation by the Court.

15.1 Further declaration of inscription on the roll for hearing. Unless a dispensation has been obtained no contested motion introductive of suit shall be placed on the roll for hearing unless a declaration of inscription on the roll for hearing complying with Form II has been produced in accordance with the applicable schedule. This declaration shall be accompanied by a list of the exhibits that have been disclosed.

15.2 Identification of exhibits. An exhibit that has been disclosed, in particular pursuant to Articles 294.1, 402.1 and 403 C.C.P., shall be identified by one letter for each party, followed by a consecutive number.

One series of numbers shall be used from the beginning to the end of a case, and an exhibit shall retain the same identification throughout the conduct of the case.

The identification of the exhibit and the number of the record shall appear on the front and back of each exhibit, if applicable. The number of the record need not be repeated if several exhibits are joined together.

16 Inactive records. Having given notice to the parties or their attorneys, the Chief Justice or the Judge designated by him may call the cases on the roll wherein no certificate of readiness has been filed within a year of their inscription and, upon motion, the cases in which the plaintiff has not filed his declaration of inscription within 90 days of the inscription. The Chief Justice or the Judge designated by him then has discretion to strike the case off the roll, to postpone it to a later date, to declare a party foreclosed or take any other measure consistent with the proper administration of justice.

Under the simplified procedure, the one-year period is reduced to three months and the 90-day period is reduced to 30 days.

17 Additional exhibits or documents. Once the certificate of readiness is issued, no other document, extract of testimony, report or exhibit may be filed without permission of the Court, which will be granted only when considered necessary in the interest of justice and on such conditions as are deemed appropriate.

18 Provisional roll. Following the issuance of the certificate of readiness, the Clerk shall prepare a list of the cases that may be called in the following weeks and, at least 15 days before the date of the session referred to hereafter, he shall mail to each attorney of record and to the parties not represented by an attorney an extract of that list containing mention of their cases, and shall convene them to a calling of the provisional roll presided by the Chief Justice or a judge designated by him or, with his consent, by the Clerk.

At that session, the Judge or Clerk presiding shall determine the means of simplifying the procedure and shortening the hearing.

Having consulted the attorneys, the Judge or Clerk presiding shall fix the dates of hearing for the cases on the list. Any request for postponement shall be presented at that session.

The Clerk shall draw up the minutes of the session and shall enter in the record of each case called the presence or absence of the attorneys or parties not represented.

18.1. Joint expert. The parties may at any time jointly request the Court to appoint a joint expert.

18.2. Curriculum vitae and costs of expertise. The party who produces an expert report must at the same time produce its author's curriculum vitae, a statement of account to date and the expert's current fee schedule for the expert's presence at a trial on the merits.

19 Meeting of experts. At any stage of the proceedings, a judge may, even on his own initiative, order the experts who have prepared contradictory reports to meet to reconcile their opinions or to identify the matters on which they disagree. Within the time fixed by the Judge, they shall report the result of their meeting to the parties and file it of record.

20 Pre-trial conference. The Chief Justice or the Judge designated by him shall determine the cases in which a pre-trial conference is required before they are set for proof and hearing.