CHAPTER XIII
New Cases

70. Transitional provision. These rules apply to cases begun after January 1, 2003 ; however, the parties may agree to have them apply to case begun before then.

71. Plaintiff's expert reports. The Plaintiff must communicate its expert reports on the day of presentation of its action or application or on the day agreed upon by the parties in their timetable or established by the Court.

72. Preliminary exceptions. Preliminary exceptions and their conclusions must be disclosed at least two days prior to the date fixed for the presentation of the action or application.

73. Management of all proceedings. The Clerk inscribes all actions or applications on a roll for hearing on the day of their presentation with mention of "default to appear" or "filing of an agreement" as the case may be.

74. Judicial intervention with respect to an agreed timetable. When the parties have filed an agreement pursuant to Article 151.1 C.C.P., the Court may convene them to discuss its contents.

75. Oral proceedings - with a timetable.

(a) Grounds of defence. If the contestation is oral, the grounds of defence must be mentioned summarily in the agreement between the parties on the conduct of the case or in the minutes of the hearing when the action or application is presented.

(b) Date of the hearing. When the contestation is oral and the parties have an agreement as to the conduct of the case, at the expiry of the timetable a party may convene the other parties before the Court for the purpose of verifying the status of the file ; if it is complete and ready for trial on the merits, and once the estimated duration of the trial has been determined, the judge refers it by order pursuant to Article 110.1. C.C.P. for the establishment of a date of hearing.

A duly completed summary declaration that the file is complete in the format suggested in Form III A must be attached to the notice of convocation.

76. Oral proceedings - without a timetable.

Hearing. If the file is complete and ready for trial on the merits, the Court may dispose of the motion or application on the day of its presentation or refer it to the Clerk for the establishment of a date of hearing after having estimated the duration of the trial.

77. Written proceedings.

(a) Declaration that a file is complete (DFC). The declaration pursuant to Article 274.1 C.C.P., as with that under Article 274.2 C.C.P., must include, in addition, a summary statement of the questions in dispute, the object of the testimony of each witness and whether the witness will testify in English or in French, or whether an interpreter will be required, and a confirmation that the party's file is complete and ready for trial on the merits.

(b) Attestation that a file is complete (AFC). After 30 days from the inscription contemplated by Article 274 C.C.P., the Clerk verifies if the file is complete and ready for trial on the merits. If appropriate, the Clerk signs an attestation specifying the estimated duration of the trial on the merits, and so informs the parties.

(c) Notice that a file is incomplete (NFI). If the Clerk ascertains that the file is incomplete after verification, the Clerk sends a notice to the parties, and the party in default has 30 days to remedy the omission.

(d) Defaults of a party. If a party fails to produce the declaration pursuant to Article 274.2 C.C.P. (DFC), or fails to correct a default in accordance with a notice that a file is incomplete, the Clerk so records in the attestation that the file is complete (AFC).