CHAPTER VII
Hearing
Division I
DECORUM
33 Persons present.
All persons attending a hearing shall rise when the Judge enters
the room and shall remain standing until he has taken his seat.
When the hearing is over, they shall stand again and remain so
until the Judge has retired.
34 Court Usher. At the
opening of the session, the Court Usher shall say aloud: "Silence.
All rise please. The Superior Court is now in session, the Honourable
........ presiding".
As soon as the Judge is seated,
the Court Usher shall invite those present to be seated.
35 Dress and conduct at
the hearing. Every person appearing before the Court shall
be suitably attired.
Every person addressing the Court
shall stand up, except with leave of the Judge.
36 Gown. In the
court room, a male attorney shall wear either a black gown with
a black jacket, dark trousers and a shirt with a white collar
and bands, or a black gown closed in front, with a raised neck
opening, long sleeves and white bands. A female attorney shall
wear a black gown with white bands and a black long-sleeved dress
or a dark skirt or trousers and a white long-sleeved blouse.
A male articled student shall
wear either a black gown with a dark suit, white shirt and dark
tie, or a black gown closed in front, with a raised neck opening
and long sleeves. A female articled student shall wear a black
gown with a dark skirt or trousers and a white long-sleeved blouse
or dark clothing.
In family matters, a gown is compulsory
at all times.
However, it is not required
to wear a gown during the months of July and August, nor in the
Practice Division for civil matters. When a gown is not required,
the male attorney and the male articled student shall wear somber
trousers, jacket, shirt and tie; the female attorney or female
articled student shall wear a somber skirt or trousers with a
blouse and jacket, dress or tailor-made suit.
37 Dress for Court Clerks
and Ushers. When the Court is in session, Court Clerks and
Ushers shall always wear one of the attires described in Rule
36 for articled students.
38 Order. Anything that
disturbs the decorum and good order of the Court is prohibited.
It is also prohibited to read
newspapers, to use a camera, and to use radio or television equipment
at a hearing.
The media are authorised to record
the proceedings and any decision on audiotape, unless the Judge
decides otherwise. Broadcasting such recording, however, is prohibited.
Division II
MINUTES
39 Role of Court Clerk.
The Court Clerk shall draw up the minutes of the hearing, in which
he enters:
| a) |
the name of the presiding Judge; |
| b) |
the various stages of the hearing;
|
| c) |
the names of the attorneys
and witnesses; |
| d) |
the names of the Clerk and
the Stenographer; |
| e) |
the exhibits filed;
|
| f) |
the Court orders, and the decisions
rendered without being taken under advisement, except those
concerning the evidence given in the depositions;
|
| g) |
the admissions dictated to
the Stenographer or mechanically recorded; |
| h) |
the admissions dictated to
the Court Clerk, which must be signed by the parties or
their attorneys; and |
| i) |
where applicable, the reasons
stated by the Court for not proceeding with the case. |
39.1Swearing in of witnesses. The Court Clerk shall stand and say to the witness: "Do you
swear to tell the truth, the whole truth and nothing but the truth?
Raise your right hand and say I do."
40 During the hearing,
the Court Clerk shall mark the exhibits with a letter and number
in the appropriate order and write the case number under his initials;
he shall indicate on the copies of doctrine and jurisprudence
the name of the attorneys or the party who filed it.
He shall also prepare a separate
list of exhibits filed by each of the parties that describes them.
Before giving the record to the
Judge who has taken a case under advisement, he shall place all
documents, and the doctrine and jurisprudence filed by each party,
in separate envelopes, listing their contents.
