CHAPTER
V
Roll of hearing
21 Roll for hearing.
As soon as possible, the Clerk shall send the roll for hearing
to the judges who will be hearing the cases appearing on the roll
and, where applicable, to the Judge who has presided at the session
mentioned in Rule 18.
The roll for hearing shall indicate:
| a) |
the name of the Judge; |
| b) |
the number of the case; |
| c) |
the names of all the parties; |
| d) |
the names of the attorneys
of record; |
| e) |
the date and time of the
hearing; |
| f) |
the place of the hearing
and, where applicable, the room number; and |
| g) |
any other information ordered
by the Judge or Clerk who presided at the session mentioned
in Rule 18. |
An extract from that roll shall
also be sent by the Clerk to each attorney of record or to the
parties not represented concerning their cases.
22 Cases added to the roll.
The Chief Justice or the Judge designated by him or, under their
authority, the Clerk or the Master of the Rolls, may add cases
that he deems ready to proceed to the roll for hearing.
23 Case fixed by preference.
Any motion to fix a case by preference shall be accompanied by
a notice in which the date and time of presentation shall have
been previously determined by the Judge designated by the Chief
Justice or by the Clerk or Master of the Rolls under his authority.
After service, the motion shall
be filed in the Office of the Court at least one clear day before
it is presented for hearing.
The Clerk shall send the record
of the Court to the Judge and only that judge has jurisdiction
to hear and decide the case, subject to the authority of the Chief
Justice.
24 Notice to attorneys and
parties. The sending to the attorneys or parties by the Clerk
of the extract from the roll for hearing containing mention of
their cases constitutes the notice required by Article 278 of
the Code of Civil Procedure.
25 Inaccuracies in certificate
of readiness. If the Judge presiding at the trial finds that
the certificate of readiness contains inaccuracies without which
the case would not have been put on the roll for hearing, he may
strike the case from the roll, adjourn it or take any other appropriate
measure in the interest of justice.
26 Departure from roll.
The Judge may decide to hear a case on another date or in an order
differing from that on the definitive roll.
27 Postponement. No
case shall be postponed on the sole ground of consent or of absence
of the parties. It shall be struck from all rolls. Any case which
has been once postponed at the request of any party and for which
the parties are still not ready when the case re-appears on the
roll for hearing shall be struck from all rolls, and it may not
re-appear again unless the Chief Justice of the Judge designated
by him orders otherwise, on written motion to that effect.
28 Motion to institute proceedings.
The Chief Justice or the Judge designated by him may place on
any of the rolls kept by the Clerk under Article 275 of the Code
of Civil Procedure any motion introductive of suit inscribed on
the roll in Practice Division and, if he deems it expedient, order
it subject to Rule 15, in which case Rules 16 and 17 also apply.
29 Roll of urgent matters. Cases that
must be heard and decided by preference by reason of a provision
of law or a decision of the Chief Justice or of the Judge designated
by him for such purpose (Article 275 C.C.P.) shall be placed on
the roll of urgent matters, and in particular the following matters:
| 1. |
Incidental to the compulsory
execution of judgments (Article 576 C.C.P.); |
| 2. |
To contest a claim filed
by a creditor in a seizure by garnishment (Article 646
C.C.P.); |
| 3. |
To contest a claim filed
in the case of voluntary deposits (Article 659 C.C.P.); |
| 4. |
Respecting applications for
seizure before judgment (Article 740 C.C.P.). |