C-25 - Code of Civil Procedure

Full text
chapter C-25
Code of Civil Procedure
CODE OF CIVIL PROCEDUREDecember 31 1977
BOOK I
GENERAL PROVISIONS
TITLE I
INTRODUCTORY PROVISIONS
1. Notwithstanding any contrary provision of any general law or special Act, imprisonment in civil matters is abolished, except in cases of contempt of court.
1965 (1st sess.), c. 80, a. 1 (part); 1966, c. 21, s. 1.
2. The rules of procedure in this Code are intended to render effective the substantive law and to ensure that it is carried out; and failing a provision to the contrary, failure to observe the rules which are not of public order can only affect a proceeding if the defect has not been remedied when it was possible to do so. The provisions of this Code must be interpreted the one by the other, and, so far as possible, in such a way as to facilitate rather than to delay or to end prematurely the normal advancement of cases.
1965 (1st sess.), c. 80, a. 2.
3. In the case of a difference between the French and English texts of any provision of this Code, the text most consistent with the former law must prevail, unless the provision changes the former law, in which case the text most consistent with the intention of the article in accordance with the ordinary rules of legal interpretation shall prevail.
1965 (1st sess.), c. 80, a. 3.
4. In this Code,
(a)  “affidavit” means a written statement supported by the oath of the deponent, received and attested by any person authorized for that purpose by law;
(b)  “case ready for judgment” means a case in which the trial has been completed and which has been taken under advisement;
(c)  “office of the court” means a secretariat comprising the administrative services of one or more courts, whose main functions are the management of the issue of court orders and the preservation of court records;
(d)  “clerk” means a public servant of the Ministère de la Justice working in the office of a court and appointed for that purpose according to law, or any other person appointed to act in that capacity at the court to which the provision is applicable;
(e)  “special clerk” means the clerk or the assistant clerk appointed by order of the Minister of Justice, with the consent of the chief justice or chief judge of the court, to exercise in that court, in addition to his other functions, the attributions attached to such capacity;
(f)  “judge” means according to the context, a judge acting in chambers or presiding in a courtroom;
(g)  “trial judge” means the judge presiding at the hearing of a case;
(h)  “chief justice” or “chief judge” means the chief justice or judge, the senior associate chief justice or judge or the associate chief justice or judge;
(i)  “oath” means a solemn affirmation by a person of the accuracy of a fact or the veracity of his testimony;
(j)  “court” means one of the courts of justice enumerated in article 22 or a judge presiding in a courtroom.
Moreover, the meaning of the word “court” used in the Civil Code or in a special Act is determined by this Code or where the case arises, the Act itself where it contains its own definition thereof. It may designate, as the case may be, the competent jurisdiction in civil matters, a judge presiding in a courtroom or acting in chambers, or a clerk.
1965 (1st sess.), c. 80, a. 4; 1975, c. 83, s. 1; 1977, c. 73, s. 1; 1979, c. 37, s. 1; 1983, c. 54, s. 14; 1986, c. 95, s. 61; 1989, c. 54, s. 130; 1992, c. 57, s. 171; 1997, c. 42, s. 1.
5. No judicial demand can be adjudicated upon unless the party against whom it is made has been heard or duly summoned.
1965 (1st sess.), c. 80, a. 5.
6. The following are non-juridical days:
(a)  Sundays;
(b)  1 and 2 January;
(c)  Good Friday;
(d)  Easter Monday;
(e)  24 June, the National Holiday;
(f)  1 July, the anniversary of Confederation, or 2 July when 1 July is a Sunday;
(g)  The first Monday of September, Labour Day;
(g.1)  The second Monday of October;
(h)  25 and 26 December;
(i)  The day fixed by proclamation of the Governor-General for the celebration of the birthday of the Sovereign;
(j)  Any other day fixed by proclamation or order of the Government as a public holiday or as a day of thanksgiving.
1965 (1st sess.), c. 80, a. 6; 1978, c. 5, s. 11; 1979, c. 37, s. 2; 1984, c. 46, s. 4.
7. If the date fixed for doing anything falls on a non-juridical day, such thing may validly be done on the next following juridical day.
1965 (1st sess.), c. 80, a. 7.
8. In computing any time limit fixed by this Code or any of its provisions, including the time limits for appeal:
(1)  the day which marks the start of the time limit is not counted, but the terminal day is counted;
(2)  non-juridical days are counted; but when the last day is a non-juridical day, the time limit is extended to the next following juridical day;
(3)  Saturday is considered a non-juridical day.
1965 (1st sess.), c. 80, a. 8; 1979, c. 37, s. 3; 1999, c. 40, s. 56.
9. A judge may, upon such conditions as he considers just, extend any time limit which is not declared mandatory or relieve a party from the consequences of his failure to respect such time limit.
1965 (1st sess.), c. 80, a. 9; 1999, c. 40, s. 56.
10. The place, time and duration of the terms and sittings of the courts are determined in accordance with the provisions of the Courts of Justice Act (chapter T-16).
The court may shorten or extend a term or adjourn it to a later date.
In the absence of the judge who should preside over the court, the clerk may adjourn the court to another day of the term or to any later date indicated by the judge.
1965 (1st sess.), c. 80, a. 10; 1992, c. 57, s. 420.
11. The courts cannot sit on non-juridical days.
1965 (1st sess.), c. 80, a. 11.
12. The courts of first instance are not obliged to sit between 30 June and 1 September, or between 23 December and 7 January, except as regards the following matters:
(a)  actions arising from relations between lessor and lessee, and employer and employee;
(b)  the matters governed by Titles I, IV, V and VI of Book V;
(c)  applications relating to the integrity of the person;
(d)  writs of habeas corpus and demands provided for in article 846;
(e)  (paragraph repealed);
(f)  proceedings respecting the guardianship of property under seizure or the distribution of moneys following execution;
(g)  expropriation proceedings;
(h)  cases in which the defendant is in default to appear or to plead;
(i)  inscriptions for judgment upon acquiescence in a demand, upon discontinuance or by agreement between the parties;
(j)  incidental proceedings;
(k)  the matters governed by Book VI of this Code;
(l)  those which must be heard and decided by preference under a provision of law or a decision of the chief justice or a judge designated by him for such purpose.
1965 (1st sess.), c. 80, a. 12; 1966, c. 21, s. 2; 1982, c. 17, s. 1; 1992, c. 57, s. 172.
13. The sittings of the courts are public wherever they may be held, but the court may order that they be held in camera in the interests of good morals or public order.
However, in family matters, sittings in first instance are held in camera, unless the court, upon application, orders that, in the interests of justice, a sitting be public. Any journalist who proves his capacity is admitted to sittings held in camera, without further formality, unless the court considers his presence detrimental to a person whose interests may be affected by the proceedings. This paragraph applies notwithstanding section 23 of the Charter of human rights and freedoms (chapter C-12).
The rules of practice may determine the conditions and modalities relating to sittings in camera in respect of advocates and articled students within the meaning of the Act respecting the Barreau du Québec (chapter B-1).
1965 (1st sess.), c. 80, a. 13; 1975, c. 83, s. 2; 1982, c. 17, s. 2; 1984, c. 26, s. 1; 1993, c. 30, s. 1.
14. Persons present at sittings of the courts must maintain a respectful attitude, remain silent and refrain from showing their approval or disapproval of the proceedings.
This provision must be observed wherever the judge carries out his official functions.
1965 (1st sess.), c. 80, a. 14.
15. Any person who contravenes article 14, or who does not obey at once the orders of the judge or the officers under his authority, is guilty of contempt of court.
If the offender is an officer of justice, the court may suspend him from his functions.
1965 (1st sess.), c. 80, a. 15; 1975, c. 83, s. 3; 1995, c. 41, s. 17.
16. The judge may require an oath whenever it is deemed necessary.
1965 (1st sess.), c. 80, a. 16.
17. When an oath is required, it is taken before the judge, the clerk or any other person authorized by law to administer it.
1965 (1st sess.), c. 80, a. 17; 1992, c. 57, s. 420.
18. (Repealed).
1965 (1st sess.), c. 80, a. 18; 1986, c. 95, s. 62; 1992, c. 57, s. 173.
19. The court has the same powers as the judge in matters within the jurisdiction of the latter.
1965 (1st sess.), c. 80, a. 19.
20. Whenever this Code contains no provision for exercising any right, any proceeding may be adopted which is not inconsistent with this Code or with some other provision of law.
1965 (1st sess.), c. 80, a. 20.
20.1. Where a law or regulation provides for the use of the mails, the Government may, if postal services are interrupted, authorize the use of another means of communication, according to such terms and conditions as it may determine.
1979, c. 37, s. 4.
21. (Repealed).
1965 (1st sess.), c. 80, a. 21; 1992, c. 57, s. 174.
21.1. (Repealed).
1989, c. 62, s. 2; 1992, c. 57, s. 174.
TITLE II
THE COURTS
CHAPTER I
JURISDICTION OF THE COURTS
1992, c. 57, s. 175.
DIVISION I
GENERAL PROVISIONS
22. The courts under the legislative authority of Québec which have jurisdiction in civil matters are:
(a)  the Court of Appeal;
(b)  the Superior Court;
(c)  the Court of Québec;
(d)  (paragraph replaced);
(e)  the municipal courts.
1965 (1st sess.), c. 80, a. 22; 1978, c. 19, s. 45; 1988, c. 21, s. 76.
23. The jurisdictions of the Court of Appeal, the Superior Court and the Court of Québec extend throughout Québec; the jurisdiction of a municipal court is limited to a designated territory.
1965 (1st sess.), c. 80, a. 23; 1978, c. 19, s. 46; 1980, c. 11, s. 46; 1988, c. 21, s. 77.
24. The courts under the legislative authority of the Parliament of Canada which have jurisdiction in civil matters in Québec are the Supreme Court of Canada and the Federal Court of Canada.
The jurisdiction of these courts and the procedure to be followed therein are set out in the laws of the Parliament of Canada.
1965 (1st sess.), c. 80, a. 24; 1979, c. 37, s. 5.
DIVISION II
COURT OF APPEAL
25. The Court of Appeal is the general appeal tribunal for Québec; it hears appeals from any judgment from which an appeal lies, failing an express provision to the contrary.
1965 (1st sess.), c. 80, a. 25.
26. Unless otherwise provided, an appeal lies
(1)  from any final judgment of the Superior Court or the Court of Québec, except in a case where the value of the object of the dispute in appeal is less than $20 000;
(2)  from any final judgment of the Court of Québec in a case where such court has exclusive jurisdiction under any Act other than this Code;
(3)  from any final judgment rendered in matters of contempt of court for which there is no other recourse;
(4)  from any judgment or order rendered in matters of adoption;
(5)  from any final judgment rendered in matters concerning confinement in an institution or psychiatric assessment;
(6)  from any judgment or order rendered in the following matters:
(a)  changes made to the register of civil status;
(b)  tutorships to minors or absentees and declaratory judgments of death;
(c)  tutorship councils;
(d)  protective supervision of persons of full age and the homologation of a mandate given by a person in anticipation of his incapacity.
(7)  (paragraph replaced);
(8)  (paragraph replaced).
An appeal also lies, with leave of a judge of the Court of Appeal, when the matter at issue is one which ought to be submitted to the Court of Appeal,
(1)  from any judgment or order rendered under the provisions of Book VI of this Code;
(2)  from any judgment ruling on a motion to quash a seizure before judgment;
(3)  from any judgment or order rendered in matters concerning execution;
(4)  from any judgment rendered under article 75.2;
(5)  from any other final judgment of the Superior Court or the Court of Québec.
1965 (1st sess.), c. 80, a. 26; 1969, c. 80, s. 1; 1979, c. 37, s. 6; 1982, c. 17, s. 3; 1982, c. 32, s. 31; 1984, c. 26, s. 2; 1988, c. 21, s. 66; 1992, c. 57, s. 176; 1993, c. 30, s. 2; 1993, c. 72, s. 1; 1995, c. 2, s. 1; 1997, c. 75, s. 34.
26.1. A judgment awarding damages for bodily injury is a final judgment even if it reserves the right of the plaintiff to apply for additional damages.
In determining the value of the object of the dispute in appeal from the judgment ruling on an application for additional damages, account is taken only of the application for additional damages.
1992, c. 57, s. 177.
27. In determining the value of the object of the dispute in appeal for the purposes of article 26, account shall be taken of interest accrued on the date of the judgment in first instance and of the indemnity referred to in article 1619 of the Civil Code, but not of costs.
1965 (1st sess.), c. 80, a. 27; 1969, c. 80, s. 1; 1993, c. 30, s. 3.
28. (Repealed).
1965 (1st sess.), c. 80, a. 28; 1993, c. 30, s. 4.
29. An appeal also lies, in accordance with article 511, from an interlocutory judgment of the Superior Court or the Court of Québec but, as regards youth matters, only in a matter of adoption:
(1)  when it in part decides the issues;
(2)  when it orders the doing of anything which cannot be remedied by the final judgment; or
(3)  when it unnecessarily delays the trial of the suit.
However, an interlocutory judgment rendered during the trial cannot be appealed immediately and it cannot be put in question except on appeal from the final judgment, unless it disallows an objection to evidence based upon article 308 of this Code or on section 9 of the Charter of human rights and freedoms (chapter C-12), or unless it allows an objection to evidence.
Any judgment is interlocutory which is rendered during the suit before the final judgment.
1965 (1st sess.), c. 80, a. 29; 1969, c. 80, s. 2; 1969, c. 81, s. 1; 1975, c. 83, s. 4; 1979, c. 37, s. 7; 1982, c. 17, s. 5; 1982, c. 32, s. 32; 1988, c. 21, s. 78; 1992, c. 57, s. 178.
30. Appeals from judgments rendered in the districts of Beauharnois, Bedford, Drummond, Hull, Iberville, Joliette, Labelle, Laval, Longueuil, Mégantic, Montréal, Pontiac, Richelieu, Saint-François, Saint-Hyacinthe and Terrebonne are brought before the Court of Appeal sitting at Montréal; those from judgments rendered in the other districts, before the court sitting at Québec.
1965 (1st sess.), c. 80, a. 30; 1975, c. 10, s. 12; 1978, c. 19, s. 47; 1979, c. 15, s. 10; 1985, c. 29, s. 4.
DIVISION III
SUPERIOR COURT
31. The Superior Court is the court of original general jurisdiction; it hears in first instance every suit not assigned exclusively to another court by a specific provision of law.
1965 (1st sess.), c. 80, a. 31.
32. (Repealed).
1965 (1st sess.), c. 80, a. 32; 1988, c. 21, s. 66; 1996, c. 5, s. 1.
33. Excepting the Court of Appeal, the courts within the jurisdiction of the Parliament of Québec, and bodies politic, legal persons established in the public interest or for a private interest within Québec are subject to the superintending and reforming power of the Superior Court in such manner and form as by law provided, save in matters declared by law to be of the exclusive competency of such courts or of any one of the latter, and save in cases where the jurisdiction resulting from this article is excluded by some provision of a general or special law.
1965 (1st sess.), c. 80, a. 33; 1992, c. 57, s. 179.
DIVISION IV
THE COURT OF QUÉBEC
1988, c. 21, s. 66.
34. Except where a recourse is brought under Book IX, the Court of Québec has jurisdiction to the exclusion of the Superior Court in any suit:
(1)  wherein the sum claimed or the value of the thing demanded is less than $30 000, except suits for alimentary pension and those reserved for the Federal Court of Canada;
(2)  for specific performance, annulment, dissolution or rescission of a contract or for reduction of the obligations resulting from a contract, when the value of the plaintiff’s interest in the object of the dispute is less than $30 000;
(3)  to annul a lease when the amount claimed for rent and damages is less than $30 000.
When, in answer to an action before the Court of Québec, a defendant makes a claim which itself would be within the jurisdiction of the Superior Court, the latter court is alone competent to hear the entire case, and the record must be sent to it with the written consent of all the parties or, failing such consent, on an application presented to the judge or the clerk. The same applies when following an amendment to a claim before the Court of Québec, such claim becomes within the jurisdiction of the Superior Court.
Likewise, where, following an amendment to a claim before the Superior Court, the claim becomes within the jurisdiction of the Court of Québec, the latter court is alone competent to hear the entire case and the record must be sent to it with the written consent of all the parties or, failing such consent, on an application presented to the judge or the clerk unless, if it so happens, the defendant makes a claim which itself would be within the jurisdiction of the Superior Court.
This article does not apply to an application resulting from the lease of a dwelling or land contemplated in article 1892 of the Civil Code of Québec, except where the application consists in a contestation contemplated in article 645 or 656 of this Code.
1965 (1st sess.), c. 80, a. 34; 1969, c. 81, s. 2; 1970, c. 63, s. 1; 1972, c. 70, s. 1; 1978, c. 8, s. 1; 1979, c. 37, s. 8; 1979, c. 48, s. 118; 1982, c. 58, s. 19; 1984, c. 26, s. 3; 1987, c. 63, s. 1; 1988, c. 21, s. 66; 1992, c. 57, s. 180; 1995, c. 2, s. 2.
35. Subject to the jurisdiction assigned to the municipal courts, the Court of Québec also has jurisdiction, to the exclusion of the Superior Court, in all suits, whether personal or hypothecary:
(1)  for the recovery of a tax or other sum of money due to a municipality or school board under the Municipal Code (chapter C-27.1) or any general or special Act, or in virtue of any by-law made thereunder; or
(2)  (paragraph repealed);
(3)  to annul or set aside a valuation roll of immovables which are taxable for municipal or school purposes, whatever be the law governing the municipality or school board concerned.
1965 (1st sess.), c. 80, a. 35; 1981, c. 14, s. 10; 1988, c. 21, s. 66; 1988, c. 84, s. 701; 1992, c. 57, s. 181; 1996, c. 5, s. 2.
36. Notwithstanding any legislative provision inconsistent herewith, the Court of Québec has exclusive and ultimate jurisdiction in all suits or actions instituted in virtue of Chapter II of Title VI of Book V and relating to the usurpation, holding or unlawful exercise of an office in a municipality or school board, whatever the law governing the same.
The case is heard and decided by a judge of the Court of Québec when the only matter in dispute is the property qualification of the defendant.
In all other cases, it is heard by three judges of the Court of Québec designated by the chief judge of such Court whose administrative jurisdiction covers the district in which the action is instituted.
One of the said judges, also designated by such chief judge, presides over the court.
Judgment is rendered by the majority of such judges. It may be rendered in open court, in the absence of the other judges, by the judge who presided over the court, or deposited in the office of the court, under the signature of at least two of them; in the latter case, the clerk must immediately give notice of such deposit to all parties concerned.
In the case of the death, before judgment, of the judge who heard the case, or of his being incapable, on account of any circumstance, of taking part in the judgment when the others agree and are ready to adjudicate, the latter may render judgment.
1965 (1st sess.), c. 80, a. 36; 1988, c. 21, s. 66; 1988, c. 84, s. 701; 1992, c. 57, s. 182; 1999, c. 40, s. 56.
DIVISION IV.1
The heading of this section is repealed (1988, c. 21, s. 79).
1978, c. 19, s. 48; 1988, c. 21, s. 79.
36.1. The Court of Québec has jurisdiction, to the exclusion of the Superior Court, in matters respecting adoption.
In other matters respecting youth, the jurisdiction of the Court and the procedure to be followed before the Court are determined by special Acts.
1978, c. 19, s. 48; 1982, c. 17, s. 6; 1988, c. 21, s. 80.
36.2. Pursuant to articles 26 to 31 of the Civil Code, the Court of Québec is competent to hear, to the exclusion of the Superior Court, any application to obtain that a person refusing to undergo a psychiatric assessment be submitted to such assessment, or that the person be confined against his will in an institution referred to in the Act respecting the protection of persons whose mental state presents a danger to themselves or to others (chapter P-38.001).
In urgent cases, the application may also be made before a judge of the municipal courts of the cities of Montréal, Laval or Québec having jurisdiction in the locality where the person is.
1992, c. 57, s. 183; 1997, c. 75, s. 35.
DIVISION V
MUNICIPAL COURTS
37. The jurisdiction of municipal courts and the powers of justices of the peace are set out in special laws.
1965 (1st sess.), c. 80, a. 37; 1989, c. 52, s. 123.
CHAPTER II
JURISDICTION OF JUDGES AND CLERKS
1992, c. 57, s. 184.
38. The judge in chambers has jurisdiction over such matters as are assigned to him by law or by the rules of practice.
1965 (1st sess.), c. 80, a. 38.
39. Where in a district there is no judge or the judge is unable to act, the matters provided for in articles 211, 485, 489, 733, 734.0.1, 734.1, 753 and 834.1 may be presented to a judge of another district by any means of communication available to the judge.
1965 (1st sess.), c. 80, a. 39; 1968, c. 84, s. 1; 1986, c. 55, s. 1; 1996, c. 5, s. 3.
40. The judge in chambers may refer to the court any matter submitted to him if he considers that the interests of justice so require.
1965 (1st sess.), c. 80, a. 40.
41. The clerk has the competence of a judge in chambers:
(1)  in cases where the law expressly so declares;
(2)  when the judge is absent or unable to act and delay might result in the loss of a right or cause serious harm.
In matters within his jurisdiction, the clerk has the same powers as the judge.
1965 (1st sess.), c. 80, a. 41; 1992, c. 57, s. 186, s. 420.
42. In the cases provided for by paragraph 2 of article 41 and by articles 583.1, 584, 644 and 659.5, the decision of the clerk may be revised by the judge or the court, upon a demand setting out the grounds relied on, served upon the adverse party and filed at the office of the court within 10 days from the date of the decision attacked.
If the decision is quashed, matters are restored to the state where they were before it was rendered.
1965 (1st sess.), c. 80, a. 42; 1977, c. 73, s. 2; 1980, c. 21, s. 1; 1987, c. 63, s. 2; 1992, c. 57, s. 420.
43. The clerk may also sign the minute of any judgment rendered upon a motion granted by consent.
1965 (1st sess.), c. 80, a. 43; 1992, c. 57, s. 420.
44. The assistant clerk may exercise the powers conferred on the clerk concurrently with the judge, if he has been chosen for that purpose by the clerk with the consent of the Minister of Justice or of a person designated by him.
The assistant clerk who is a special clerk may exercise such powers ex officio.
For carrying out his duties at the trial, taking down the depositions of witnesses, issuing copies of documents in his custody, and generally for all acts which do not require the exercise of judicial or discretionary power, the clerk may be replaced by such members of his staff as he designates.
1965 (1st sess.), c. 80, a. 44; 1977, c. 73, s. 3; 1992, c. 57, s. 420.
44.1. The special clerk rules, in particular:
(1)  on any motion, contested or not, for joinder of actions, security, summons of a witness under article 282, communication, filing or dismissal of exhibits, medical examination, particulars, amendment, substitution of attorney, appointment of a practitioner or relief from default, or to cease representing, and
(2)  on any other interlocutory or incidental proceeding, contested or not but, if contested, with the consent of the parties.
The special clerk may, where an application relating to child custody or to obligations of support is introduced by way of a motion, homologate any agreement effecting a complete settlement of these matters.
In all cases, the decision may be revised by the judge in accordance with the formalities provided in article 42.
1975, c. 83, s. 5; 1976, c. 9, s. 54; 1977, c. 73, s. 4; 1992, c. 57, s. 420; 1994, c. 28, s. 1; 1997, c. 42, s. 2.
45. The clerk or the assistant clerk may refer to the judge or to the court any matter submitted to him, if he considers that the interests of justice so require.
In the case of an application referred to in the second paragraph of article 44.1, the special clerk may refer the application to the judge or the court if he considers that the agreement between the parties does not provide sufficient protection for the interests of the children or that a party’s consent was obtained under duress. He may, to evaluate the agreement or the consent of the parties, summon and hear the parties, even separately, in the presence of their attorneys, if any.
1965 (1st sess.), c. 80, a. 45; 1975, c. 83, s. 6; 1992, c. 57, s. 420; 1997, c. 42, s. 3.
CHAPTER III
POWERS OF COURTS AND JUDGES
DIVISION I
GENERAL POWERS
46. The courts and the judges have all the powers necessary for the exercise of their jurisdiction. They may, in the cases brought before them, even of their own motion, pronounce orders or reprimands, suppress writings or declare them libellous, and make such orders as are appropriate to cover cases where no specific remedy is provided by law.
1965 (1st sess.), c. 80, a. 46.
47. The majority of the judges of each court, either at a meeting convened for the purpose by the chief justice, or by way of a consultation, held and certified by him, by mail, may make, for one or more judicial districts, the rules of practice judged necessary for the proper carrying out of this Code. The majority of the judges of the Superior Court appointed either for the district of Montréal or for the district of Québec may nevertheless replace, amend or complete such rules by special rules applicable in their respective districts only.
Similarly, the majority of the judges of each court may make tariffs of fees for commissioners and other officers appointed by the court, whose remuneration is not, by law, fixed by the Government; such tariffs must be promulgated in the manner prescribed for rules of practice.
This article does not apply to municipal judges appointed pursuant to the Act respecting municipal courts (chapter C-72.01).
1965 (1st sess.), c. 80, a. 47; 1969, c. 81, s. 3; 1972, c. 70, s. 2; 1975, c. 83, s. 7; 1988, c. 21, s. 81; 1989, c. 52, s. 124.
48. The rules of practice come into force 10 days after publication in the Gazette officielle du Québec.
Immediately after such publication they must be copied into the registers kept for the purpose by the clerks, and notice thereof must be posted in the office of the court in each of the districts where they apply.
1965 (1st sess.), c. 80, a. 48; 1992, c. 57, s. 420.
48.1. In the case of the Court of Québec, the rules of practice are made and come into force in accordance with the provisions of the Courts of Justice Act (chapter T-16).
1988, c. 21, s. 82.
DIVISION II
POWER TO PUNISH FOR CONTEMPT OF COURT
49. The courts or judges may condemn any person who is guilty of contempt of court.
1965 (1st sess.), c. 80, a. 49.
50. Anyone is guilty of contempt of court who disobeys any process or order of the court or of a judge thereof, or who acts in such a way as to interfere with the orderly administration of justice, or to impair the authority or dignity of the court.
In particular, any officer of justice who fails to do his duty, and any sheriff or bailiff who does not execute a writ forthwith or does not make a return thereof or, in executing it, infringes any rule the violation whereof renders him liable to a penalty, is guilty of contempt of court.
1965 (1st sess.), c. 80, a. 50; 1966, c. 21, s. 3.
51. Except where otherwise provided, anyone who is guilty of contempt of court is liable to a fine not exceeding $5,000 or to imprisonment for a period not exceeding one year.
Imprisonment for refusal to obey any process or order may be repeatedly inflicted until the person condemned obeys.
1965 (1st sess.), c. 80, a. 51.
52. Anyone who is guilty of contempt of court in the presence of the judge in the exercise of his functions may be condemned at once, provided that he has been called upon to justify his behaviour.
1965 (1st sess.), c. 80, a. 52.
53. No one may be condemned for contempt of court committed out of the presence of the judge, unless he has been served with a special rule ordering him to appear before the court, on the day and at the hour fixed, to hear proof of the acts with which he is charged and to urge any grounds of defence that he may have.
The judge may issue the rule ex officio or on application. Service of this rule is not required; it may be presented before a judge of the district where the contempt was committed.
The rule must be served personally, unless for valid reasons another mode of service is authorized by the judge.
1965 (1st sess.), c. 80, a. 53; 1979, c. 37, s. 9.
53.1. The proof submitted to establish contempt of court must leave no possibility of reasonable doubt.
The respondent may not be compelled to testify.
1992, c. 57, s. 188.
54. Judgment is rendered after summary hearing; if it contains a condemnation it must state the punishment imposed and set forth the facts upon which it is based, and in such case it shall be executed in accordance with Chapter XIII of the Code of Penal Procedure (chapter C-25.1).
1965 (1st sess.), c. 80, a. 54; 1990, c. 4, s. 222.
TITLE III
RULES APPLICABLE TO ALL ACTIONS
CHAPTER I
ACTIONS, PARTIES TO ACTIONS AND ATTORNEYS
55. Whoever brings an action at law, whether for the enforcement of a right which is not recognized or is jeopardized or denied, or otherwise to obtain a pronouncement upon the existence of a legal situation, must have a sufficient interest therein.
1965 (1st sess.), c. 80, a. 55.
56. A person must be able to fully exercise his rights to be a party to an action in whatever form it may be, saving contrary provisions of law.
A person who is not able to fully exercise his rights must be represented, assisted or authorized, in the manner provided by the laws which govern his status and capacity or by this Code.
The irregularity resulting from failure to be represented, assisted or authorized has no effect unless it is not remedied, and this may be done retroactively at any stage of a case, even in appeal.
1965 (1st sess.), c. 80, a. 56; 1982, c. 17, s. 7; 1992, c. 57, s. 189.
57. Any person or corporation domiciled outside Québec, who is authorized by the law of his domicile to appear in judicial proceedings, may do so before the courts of Québec.
1965 (1st sess.), c. 80, a. 57.
58. Any person who, under the law of a foreign country, is empowered to represent a person who died or made his will there and left property in Québec, may be a party in that capacity to proceedings before any court of Québec.
1965 (1st sess.), c. 80, a. 58.
59. A person cannot use the name of another to plead, except the State through authorized representatives.
Nevertheless, when several persons have a common interest in a dispute, any one of them may appear in judicial proceedings on behalf of them all, if he holds their mandate. The power of attorney must be filed in the office of the court with the first pleading; thereafter the mandate cannot be revoked except with leave of the court and is not affected by the death or change of status of the mandators. In such case, the mandators are jointly and severally liable with their mandatary for the costs.
Tutors, curators and others representing persons who are not able to fully exercise their rights, plead in their own name in their respective capacities. This also applies to an administrator of the property of others in respect of anything connected with his administration and to a mandatary in the performance of a mandate given by a person of full age in anticipation of his incapacity to take care of himself or administer his property.
1965 (1st sess.), c. 80, a. 59; 1992, c. 57, s. 190.
60. Where all or some of the directors of an association within the meaning of the Civil Code of Québec are party to legal proceedings in their capacity as directors, they may do so under their own name or under the name which the association has given itself or the name by which it is known.
However, an association of employees must, to institute legal proceedings, deposit at the office of the court, with the proceeding introductive of suit, a certificate of the labour commissioner general under the Labour Code (chapter C-27) attesting that it is an association of employees within the meaning of the Labour Code.
1965 (1st sess.), c. 80, a. 60; 1969, c. 48, s. 44; 1977, c. 41, s. 1; 1992, c. 57, s. 191.
61. No one is required to be represented by attorney before the courts, except:
(a)  legal persons;
(b)  the Public Curator;
(c)  trustees, guardians, liquidators, receivers and other representatives of collective interests, when they act in that capacity;
(d)  collection agents and purchasers of accounts, concerning the accounts which they are charged with recovering or which they have purchased;
(e)  general or limited partnerships and associations within the meaning of the Civil Code, unless all the partners or members act themselves or mandate one of their number to act;
(f)  persons acting on behalf of others under article 59.
Nevertheless, the claim of a legal person, general or limited partnership or association within the meaning of the Civil Code, to participate in a distribution of funds derived from the sale of the property of a debtor or from the seizure or voluntary deposit of his salary, wages or earnings, may be made by any attorney under a general or special power.
1965 (1st sess.), c. 80, a. 61; 1966, c. 21, s. 4; 1992, c. 57, s. 192.
62. The right to act as attorney before the courts is reserved exclusively to advocates, except in the cases set forth in paragraph e of section 9 of the Notarial Act (chapter N-2).
1965 (1st sess.), c. 80, a. 62.
63. The party who has appeared by attorney but has since left Québec or has no known domicile, residence or business establishment therein, is deemed to have elected domicile at the office of his attorney, and any service which need not be made personally can be made upon him at the office of his attorney, provided that the bailiff certifies, that though he has searched he has been unable to find him and does not know if he has any domicile, residence or business establishment in Québec.
However, in the case of a motion to cease representing, service upon such party may be made at the office of the court of the district where the proceedings are held.
1965 (1st sess.), c. 80, a. 63; 1972, c. 70, s. 3; 1975, c. 83, s. 8; 1999, c. 40, s. 56.
64. Advocates must elect domicile within a radius of 5 km from the court house where they practise, and have such election registered at the office of the court, failing which they are deemed to have elected domicile at the office of the court, where all services upon them may be validly made.
1965 (1st sess.), c. 80, a. 64; 1984, c. 47, s. 213.
65. A plaintiff who does not reside in Québec must give security for the costs which may be incurred in consequence of his suit. The same applies to a person who acts on behalf of another under the second paragraph of article 59 if neither he nor any of his mandators resides in Québec.
1965 (1st sess.), c. 80, a. 65.
CHAPTER II
JOINDER OF CAUSES OF ACTION AND OF PARTIES
66. Several causes of action may be joined in the same suit, provided that the recourses exercised are not incompatible or contradictory, that they seek condemnations of a like nature, that their joinder is not expressly prohibited and that they are susceptible of the same mode of trial.
A creditor cannot divide a debt that is due, for the purpose of suing for the several portions of it by different actions.
1965 (1st sess.), c. 80, a. 66.
67. Two or more persons, whose claims have the same juridical basis or raise the same points of law and fact, may join in the same suit. The suit must be instituted before the Court of Québec, if that court has jurisdiction in each of the claims; otherwise it must be instituted before the Superior Court.
At any time before the hearing, the court may order that claims joined in virtue of this article be disjoined, if it is of opinion that the interests of justice will thus be better served.
Unless the court orders otherwise, unsuccessful co-plaintiffs are jointly and severally liable for the costs.
1965 (1st sess.), c. 80, a. 67; 1988, c. 21, s. 66.
CHAPTER III
PLACE OF INSTITUTING ACTIONS
68. Subject to the provisions of this Chapter and the provisions of Book X of the Civil Code, and notwithstanding any agreement to the contrary, a purely personal action may be instituted:
(1)  Before the court of the defendant’s real domicile or, in the cases contemplated by article 83 of the Civil Code, before that of his elected domicile.
If the defendant has no domicile in Québec but resides or possesses property therein, he may be sued before the court of his ordinary residence, before the court of the place where such property is situated, or before the court of the place where the action is personally served upon him;
(2)  Before the court of the place where the whole cause of action has arisen; or, in an action for libel published in a newspaper, before the court of the district where the plaintiff resides if the newspaper has circulated therein;
(3)  Before the court of the place where the contract which gives rise to the action was made.
A contract giving rise to an obligation to deliver, negotiated through a third party who was not the representative of the creditor of such obligation, is deemed to have been made at the place where the latter gave his consent.
1965 (1st sess.), c. 80, a. 68; 1992, c. 57, s. 193.
69. Notwithstanding any agreement to the contrary, an action based upon a contract of insurance and taken against the insurer may in all cases be instituted before the court of the domicile of the insured; in the case of insurance of property, it may also be instituted before the court of the place where the loss occurred.
1965 (1st sess.), c. 80, a. 69.
70. Applications in family cases are taken before the court of the common domicile of the parties or, failing such a domicile, the domicile of either of the parties.
However, oppositions to marriage and applications for authorization for a minor or a person of full age under tutorship or provided with an adviser to make matrimonial agreements are taken before the court of the place where the marriage is to be solemnized or of the domicile of the minor or the person of full age.
Lastly, applications in adoption cases are taken before the court of the domicile of the child or the plaintiff or, if the adopters consent, before the court where the director of youth protection who was the last to have charge of the child exercises his functions.
1965 (1st sess.), c. 80, a. 70; 1982, c. 17, s. 8; 1989, c. 54, s. 131; 1992, c. 57, s. 194.
70.1. In family cases, if the parties no longer live in the district where the judgment was rendered, applications for review of accessory measures may be brought before the court of the domicile of either of the parties.
1982, c. 17, s. 8.
70.2. Applications with respect to integrity, emancipation, tutorship to minors or protective supervision of persons of full age are taken before the court of the domicile or residence of the minor or of the person of full age.
Applications concerning the integrity of a person kept by an institution governed by the Acts respecting health services and social services may be taken before the court of the place in which that person is kept.
1989, c. 54, s. 132; 1992, c. 21, s. 126; 1992, c. 57, s. 195.
71. The incidental action in warranty must be taken before the court in which the principal action is pending.
1965 (1st sess.), c. 80, a. 71.
71.1. An application for additional damages for bodily injury that could not be determined at the time of the judgment forms part of the original record and must be presented in the district where the principal action was heard.
1992, c. 57, s. 196.
72. In personal matters, a plaintiff who has joined several causes of action which did not all arise in the same district may bring his action before any court which has jurisdiction over any one of them.
1965 (1st sess.), c. 80, a. 72.
73. A real action or a mixed action may be taken either before the court of the domicile of the defendant or before the court of the district where the property in dispute is situated in whole or in part.
1965 (1st sess.), c. 80, a. 73.
74. In matters of succession, action is instituted before the court of the place where the succession devolved if it opened in Québec; otherwise, before that of the place where the property is situated, or of the domicile of the defendant or any of the defendants.
Judicial proceedings in which the liquidator of a succession is interested may be instituted before the court of his domicile.
1965 (1st sess.), c. 80, a. 74; 1992, c. 57, s. 197.
75. An action against several defendants domiciled in different districts, if it is a personal or mixed action, may be instituted in the court before which any of them may be summoned; but if it is a real action, it must be instituted in the court of the place where the object of the dispute is situated.
1965 (1st sess.), c. 80, a. 75.
CHAPTER III.1
CLEARLY UNFOUNDED OR FRIVOLOUS ACTIONS AND PROCEEDINGS
1984, c. 26, s. 4.
75.1. At any stage of proceedings, the Court, on a motion, may dismiss an action or a proceeding if the examination held pursuant to this Code shows that the action or proceeding is frivolous or clearly unfounded, on a ground other than those provided in article 165, or if the party who instituted the action or filed the proceeding refuses to have such examination.
If the proceeding dismissed under the first paragraph is a defence, the defendant is foreclosed from pleading.
1984, c. 26, s. 4.
75.2. Where pursuant to article 75.1 the court dismisses a frivolous or clearly unfounded action or proceeding, it may, upon application, declare the action or proceeding excessive or dilatory. In that case, the court may order the unsuccessful party to pay damages in compensation for the prejudice suffered by another party if the amount thereof has been determined.
Where, at the time of the judgment, the amount has not been determined or where it exceeds the monetary jurisdiction of the court, the latter may reserve, for the period of time and on the conditions it determines, the right of the party to apply by motion to the competent court to claim the amount of the damages. The motion forms part of the initial record.
1993, c. 72, s. 2.
CHAPTER IV
GENERAL RULES CONCERNING WRITTEN PLEADINGS
76. In their written pleadings, the parties must state the facts that they intend to invoke and the conclusions that they seek.
Such statement must be frank, precise and brief; it shall be divided into paragraphs numbered consecutively, each paragraph referring so far as possible to one essential fact.
1965 (1st sess.), c. 80, a. 76.
77. Every fact of such a nature as to take the opposite party by surprise if not alleged, or to raise an issue not arising from the pleadings already filed, must be expressly pleaded.
1965 (1st sess.), c. 80, a. 77.
78. Failing provision to the contrary, any written proceeding of a party must be served upon the attorneys of the other parties, or upon the parties themselves if they have no attorney, otherwise it cannot be regularly filed; if it contains a demand which must be presented to a judge or to the court, it must be accompanied by a notice of the date of such presentation, and the service must have been made at least one clear juridical day before such date, except in a case of urgency when the judge may allow a shorter time.
Every party filing a written proceeding must mention his address therein.
1965 (1st sess.), c. 80, a. 78; 1972, c. 70, s. 4; 1999, c. 40, s. 56.
79. If the copy served of a written proceeding is not a true copy of the original, the party who served it may serve a new copy with or without the permission of the court, according to whether the adverse party has already replied or not.
1965 (1st sess.), c. 80, a. 79.
80. (Repealed).
1965 (1st sess.), c. 80, a. 80; 1994, c. 28, s. 2.
81. (Repealed).
1965 (1st sess.), c. 80, a. 81; 1994, c. 28, s. 2.
82. (Repealed).
1965 (1st sess.), c. 80, a. 82; 1994, c. 28, s. 2.
82.1. A party or his attorney may send a written proceeding, an exhibit or any other document to a bailiff, an advocate or a notary by fax machine. The correspondent chosen prepares copies of the facsimile of the document and an attestation of their authenticity; the copies are presumed to be originals for the purposes of filing at the office of the court, service and evidence.
The attestation of authenticity must specify that the copies are true to the facsimile received by fax machine and must state the nature of the document, the number of the court, the name of the sender and the fax number of the transmitting fax machine as well as the place, date and time of transmission.
A party who sends a written proceeding, an exhibit or any other document by fax machine must let another party take cognizance of the original at any time after the receipt of a written request to that effect. If the sender refuses or neglects to do so, the other party may, by motion, apply to the judge or the court to order the sender to produce the original within a specified time.
1993, c. 72, s. 3.
83. Prior to the end of the proceedings, filed exhibits cannot be taken out of the record, except with the consent of the opposite party or the authorization of the clerk, and upon giving a receipt; the parties may, however, obtain copies from the clerk.
1965 (1st sess.), c. 80, a. 83; 1992, c. 57, s. 420; 1994, c. 28, s. 3.
84. A person who retains an exhibit notwithstanding an order of the judge is guilty of contempt of court.
1965 (1st sess.), c. 80, a. 84.
85. A party who replies in writing to a proceeding must admit the allegations thereof that he knows to be true; he cannot merely deny those which he does not admit but must allege affirmatively all the facts upon which he relies to oppose the conclusions taken against him.
1965 (1st sess.), c. 80, a. 85.
86. Except where otherwise provided, the silence of a party in respect of a fact alleged by the opposite party must not be interpreted as an admission of the truth of such fact.
1965 (1st sess.), c. 80, a. 86.
87. To repeat a fact already alleged, it is sufficient merely to refer to the paragraph where it is set forth.
1965 (1st sess.), c. 80, a. 87.
88. Unless expressly otherwise provided, any demand in a suit is made by motion to the court, or to a judge if the court is not sitting or in cases of urgency.
The motion must be supported by an affidavit attesting the truth of all facts the proof of which is not already in the record, and it can only be contested orally, unless the court allows written contestation within the time and on the conditions it determines.
During the hearing of the demand, any party may submit relevant evidence.
1965 (1st sess.), c. 80, a. 88; 1992, c. 57, s. 198.
89. The following must be expressly alleged and supported by affidavit:
(1)  the contestation of a signature or of a material part of any private writing, or of the fulfilment of the formalities required for the validity of a writing;
(2)  the pretension of the heirs or legal representatives of the signatory of a document contemplated in paragraph 1, that they do not know the handwriting or signature of the person whom they represent;
(3)  the contestation of a semi-authentic act;
(4)  the contestation of a document reproducing the data of a juridical act that are entered on a computer system.
Failing such affidavit, the writings are held to be admitted or the formalities to have been fulfilled, as the case may be.
1965 (1st sess.), c. 80, a. 89; 1992, c. 57, s. 199.
90. If the document contested is a semi-authentic act, and a copy only has been filed in the record, the party wishing to make use thereof must prove its authenticity and, for that purpose, may obtain from the judge an order enjoining the person who has charge of the original to deliver it to the clerk, who must furnish him, at the expense of the contesting party, with a certified copy.
1965 (1st sess.), c. 80, a. 90; 1992, c. 57, s. 200, s. 420.
91. Every affidavit must be divided into paragraphs numbered consecutively, and be in the first person.
The names, occupation and exact address of the deponent must be inserted therein.
The date when and the place where it was sworn must be inserted in the jurat.
1965 (1st sess.), c. 80, a. 91.
92. Whenever, in virtue of some provision of this Code, an affidavit is required in support of any proceeding, it must be made by the party himself or by a representative or agent acquainted with the facts.
1965 (1st sess.), c. 80, a. 92.
93. When a party has filed an affidavit required by any provision of this Code or of the rules of practice, any other party may summon the deponent to be examined before the judge or the clerk upon the truth of the facts sworn to in the affidavit.
Failure to submit to such examination entails the dismissal of the affidavit and of the proceeding which it supported.
1965 (1st sess.), c. 80, a. 93; 1992, c. 57, s. 420.
93.1. Where a provision of this Code requires that the parties’ proof be adduced by means of affidavits sufficiently detailed to establish all the facts necessary to support their pretensions, such affidavits may contain only relevant evidence that the affiant may swear to and that has not already been alleged and sworn to in the motion and the accompanying affidavit.
1996, c. 5, s. 4.
CHAPTER V
PROCEEDINGS CONCERNING THE STATE
1992, c. 57, s. 201.
94. Any person having a recourse to exercise against the government may exercise it in the same manner as if it were a recourse against a person of full age and capacity, subject only to the provisions of this chapter.
1965 (1st sess.), c. 80, a. 94; 1966, c. 21, s. 5; 1992, c. 57, s. 202.
94.1. No recourse which can be exercised against a State body or any other legal person established in the public interest may be exercised against the government.
1966, c. 21, s. 5; 1992, c. 57, s. 203.
94.2. No extraordinary recourse or provisional remedy lies against the government.
1966, c. 21, s. 5; 1992, c. 57, s. 204.
94.3. Proceedings against the government are directed against the Attorney General of Québec.
1966, c. 21, s. 5; 1992, c. 57, s. 205.
94.4. Service upon the Attorney General is made at the office of the Director General of the legal department at Montréal or at Québec, by speaking to any person in charge of that office.
The return of service must mention in particular the name of the person with whom the copy of the proceeding was left.
1966, c. 21, s. 5; 1975, c. 83, s. 9; 1977, c. 5, s. 14; 1985, c. 29, s. 5.
94.5. The Attorney General shall have 30 days to appear in any action taken against him; the 30-day period shall run from the time of service. He shall have 10 days to appear if the action is introduced according to the simplified procedure provided for in Title VIII of Book II.
1966, c. 21, s. 5; 1992, c. 57, s. 206; 1996, c. 5, s. 5.
94.6. No case may be inscribed for judgment by default against the Attorney General before the lapse of 30 days after the expiry of the period prescribed in article 94.5.
1966, c. 21, s. 5; 1992, c. 57, s. 207.
94.7. Notice of inscription for judgment or for proof and hearing must be given to the Attorney General, when in default to appear or to plead, at least 15 days prior to the date when such inscription is to be proceeded upon.
1966, c. 21, s. 5; 1992, c. 57, s. 208.
94.8. The period for service upon the Attorney General of a motion for a declaratory judgment shall be 30 days.
1966, c. 21, s. 5; 1992, c. 57, s. 209.
94.9. Articles 543 to 553 and 568 to 732 shall not apply to judgments rendered against the Attorney General.
1966, c. 21, s. 5; 1992, c. 57, s. 210.
94.10. Whenever the Attorney General is condemned, by a judgment that has become definitive, to pay a sum of money, the Minister of Finance, after having received a certified copy of such judgment, shall pay the amount due out of the moneys at his disposal for such purpose or, failing such, out of the Consolidated Revenue Fund.
1966, c. 21, s. 5; 1992, c. 57, s. 211.
95. Unless the Attorney General has previously received a notice in accordance with this section, no provision of a statute of Québec or Canada, of a regulation made thereunder, of an order, of an order in council or of a proclamation of the Lieutenant-Governor, the Governor General, The Gouvernement du Québec or the Governor General in Council may be declared inapplicable constitutionally, invalid or inoperative or of no force or effect, including in respect of the Canadian Charter of Rights and Freedoms (Part I of Schedule B to the Canada Act, chapter 11 in the 1982 volume of the Acts of the Parliament of the United Kingdom) or the Charter of human rights and freedoms (chapter C-12), by a court in Québec.
The notice shall set forth, in a precise manner, the nature of the pretensions and the grounds relied upon. It shall be accompanied with a copy of the proceedings and served by the person who intends to raise the question not later than 30 days before the date of the hearing.
The court shall adjudicate only upon the grounds set forth in the notice.
1965 (1st sess.), c. 80, a. 95; 1985, c. 29, s. 6.
96. A party cannot raise the question of navigability or floatability of a lake or watercourse or the question of the right of ownership of its bed or banks, unless he has advised the Attorney General of his intention at least 10 days before the day fixed for proof, or, if no proof is required, before the day fixed for hearing.
The notice shall state the question and the grounds relied upon and must be accompanied by a copy of the proceedings filed in the record.
1965 (1st sess.), c. 80, a. 96.
97. A judge, ex officio or on application, may order any demand concerning the application of a provision of public order to be served on the Attorney General of Québec. The suit is thereupon suspended until the expiry of 10 days from the date of service.
A judge, ex officio, may also order any application questioning the integrity of a person of full age unable to consent to care who is not represented by a tutor, curator or mandatary to be served upon the Public Curator. In such case, the suit is suspended until the expiry of 5 days from the date of the service.
1965 (1st sess.), c. 80, a. 97; 1969, c. 79, s. 3; 1979, c. 37, s. 10; 1989, c. 54, s. 133; 1992, c. 57, s. 212.
98. After service of the notice provided for in article 95 or 96 or at any time in the case of a demand contemplated in article 97, the Attorney General may intervene in the case and file written conclusions upon which the court must adjudicate.
In the cases contemplated in articles 95 and 96, the clerk transmits a copy of the judgment to the Attorney General without delay. In the cases contemplated in article 97, he does so if the judge has ordered the proceeding which contains the demand served upon the Attorney General or if the latter has intervened in the case.
1965 (1st sess.), c. 80, a. 98; 1979, c. 37, s. 11; 1992, c. 57, s. 213, s. 420.
99. In any action relating to the application of a provision of public order, the Attorney General may ex officio and without notice take part in the proof and hearing as if he were a party thereto.
1965 (1st sess.), c. 80, a. 99.
100. No extraordinary recourse or provisional remedy lies against a minister of the government or any person acting upon his instructions to force him to act or to refrain from acting in a matter which relates to the carrying out of his duties or to the exercise of any authority conferred upon him by any law of Québec.
1965 (1st sess.), c. 80, a. 100; 1966, c. 21, s. 6; 1977, c. 5, s. 14; 1992, c. 57, s. 214; 1999, c. 40, s. 56.
101. (Repealed).
1965 (1st sess.), c. 80, a. 101; 1972, c. 14, s. 91.
102. (Repealed).
1965 (1st sess.), c. 80, a. 102; 1972, c. 14, s. 91.
103. (Repealed).
1965 (1st sess.), c. 80, a. 103; 1972, c. 14, s. 91.
104. (Repealed).
1965 (1st sess.), c. 80, a. 104; 1969, c. 80, s. 3; 1972, c. 14, s. 91.
105. (Repealed).
1965 (1st sess.), c. 80, a. 105; 1972, c. 14, s. 91.
106. (Repealed).
1965 (1st sess.), c. 80, a. 106; 1972, c. 14, s. 91.
107. (Repealed).
1965 (1st sess.), c. 80, a. 107; 1972, c. 14, s. 91.
108. (Repealed).
1965 (1st sess.), c. 80, a. 108; 1972, c. 14, s. 91.
109. (Repealed).
1965 (1st sess.), c. 80, a. 109; 1972, c. 14, s. 91.
BOOK II
ORDINARY PROCEDURE IN COURTS OF FIRST INSTANCE
TITLE I
INSTITUTION OF ACTION AND APPEARANCE
CHAPTER I
SUMMONS
DIVISION I
DECLARATION
1996, c. 5, s. 6.
110. Unless otherwise provided, every judicial proceeding is introduced by a declaration.
1965 (1st sess.), c. 80, a. 110; 1996, c. 5, s. 6.
111. The declaration is prepared and signed by the plaintiff or his attorney.
The declaration must state the name, domicile and place of residence of the plaintiff and the name and last known place of residence of the defendant. It must also indicate in what capacity a party is named in the declaration if not in his personal capacity.
The object and causes of the proceeding must be stated in the declaration.
1965 (1st sess.), c. 80, a. 111; 1991, c. 20, s. 5; 1992, c. 57, s. 420; 1996, c. 5, s. 6.
112. The plaintiff prepares an original and at least two copies of his declaration and notice. On request and after payment of the court costs, the original is numbered by the clerk; the copies are certified true by the plaintiff or his attorney, and one copy is filed in the office of the court, opening the court record.
The attorney must enter his name, address, telephone number and fax number, if any, on the original and on all the copies.
1965 (1st sess.), c. 80, a. 112; 1975, c. 83, s. 10; 1991, c. 20, s. 6; 1992, c. 57, s. 420; 1996, c. 5, s. 6.
113. In case of emergency, the original of the declaration may be filed with the clerk outside office hours even on a non-juridical day, provided that the court costs are paid forthwith to the clerk, or to the person designated by him under the third paragraph of article 44, who must as soon as possible affix the seal to the copy left with him for the court record, after having entered thereon the date of payment and amount of the costs.
1965 (1st sess.), c. 80, a. 113; 1992, c. 57, s. 420; 1996, c. 5, s. 6.
114. The clerk, upon proof that the original of a declaration has been lost or destroyed, may certify a copy to replace the original.
1965 (1st sess.), c. 80, a. 114; 1982, c. 17, s. 9; 1996, c. 5, s. 6.
115. A minister of the government, a clerk or registrar, a sheriff, the director of youth protection or the Public Curator, summoned in his capacity only, may be designated by his official title, if that designation is sufficient to identify him.
In actions upon bills of exchange or other private writings, negotiable or not, the defendant is sufficiently designated by his name or initials as they appear in the writing.
A defendant whose name is uncertain or unknown is sufficiently designated by a name that identifies him clearly, provided that the declaration is served on him in person.
A legal person must be designated by the name under which it is constituted or by which it identifies itself, with a mention of its head office; if it is a defendant, mention of the head office may be replaced by mention of its principal establishment. The syndicate of co-owners is designated by the name the co-owners as a body have given themlselves or by the name by which they are generally known or by the address of the place where the immovable is located.
A general or limited partnership may be designated by the name it declares.
An association within the meaning of the Civil Code (Statutes of Québec, 1991, chapter 64) may be designated by the name it has adopted or by the name under which it is commonly known.
1965 (1st sess.), c. 80, a. 115; 1982, c. 17, s. 10; 1992, c. 57, s. 215; 1996, c. 5, s. 7.
116. Heirs, legatees by particular title and successors are summoned by service on the liquidator of the succession; however, where the liquidator is unknown or cannot be identified in due time, they may be summoned collectively, without mention of their names or places of residence.
The heirs are required to give written notice of the name and address of the liquidator to the opposite party; proceedings drawn up before service of the notice are valid, unless the court, on an application by the liquidator, decides otherwise; those drawn up afterwards are invalid, since the proceeding is suspended until it is continued by the liquidator in office.
The heirs and legatees by particular title of a person whose succession opens outside Québec who have not registered a declaration of transmission pursuant to article 2998 of the Civil Code may be summoned collectively in any immovable real action relating to the succession.
1965 (1st sess.), c. 80, a. 116; 1981, c. 14, s. 11; 1992, c. 57, s. 215.
117. In every action on an account for goods sold and delivered or for services rendered, a detailed account must be served on the defendant, unless it is incorporated in the declaration. The defendant cannot be forced to plead before such service, and if he then confesses judgment or pays the claim, he cannot be forced to pay more costs than if the account had been served with the declaration.
1965 (1st sess.), c. 80, a. 117; 1994, c. 28, s. 4; 1996, c. 5, s. 8.
118. If the object of the demand is certain and determinate property, it must be described in such a manner as clearly to establish its identity.
If the object of the demand is an immovable, it must be described as prescribed in the Book of the Civil Code on the Publication of rights.
1965 (1st sess.), c. 80, a. 118; 1992, c. 57, s. 216.
119. The declaration must be accompanied with a notice to the defendant to appear within the time indicated to answer to the demand. The time limit is 10 days except where otherwise provided in this Code.
The notice must be set out in easily legible type, and contain the text appearing in Schedule I.
1965 (1st sess.), c. 80, a. 119; 1996, c. 5, s. 9.
119.1. (Replaced).
1975, c. 83, s. 11; 1996, c. 5, s. 9.
DIVISION II
SERVICE
119.2. Unless otherwise prescribed, acts, documents or notices the service of which is prescribed by law are served in accordance with the rules prescribed in this section.
1992, c. 57, s. 217.
§ 1.  — How service is made
120. Unless specifically otherwise provided, any sheriff or bailiff may make a service anywhere in Québec.
The taxable costs of service are the costs chargeable by a bailiff pursuant to the regulation made under section 13 of the Court Bailiffs Act (chapter H-4.1).
1965 (1st sess.), c. 80, a. 120; 1979, c. 37, s. 12; 1982, c. 32, s. 33; 1989, c. 6, s. 1; 1989, c. 57, s. 36; 1995, c. 41, s. 18.
121. A sheriff or bailiff cannot make service in matters in which he is interested, or in matters which concern his relations by blood or by alliance, to the degree of cousin-german inclusively, under pain of suspension.
1965 (1st sess.), c. 80, a. 121.
122. In any place where, within a radius of 50 kilometres, there is neither sheriff nor bailiff able to act, service may be made by any person of legal age residing within that radius or by registered or certified mail; service made otherwise without sufficient reason gives no right to higher costs.
1965 (1st sess.), c. 80, a. 122; 1975, c. 83, s. 12; 1979, c. 37, s. 13.
123. Service of a declaration or of any other written proceeding is made by leaving a copy of the proceeding for the person for whom it is intended.
Personal service may be made by handing a copy of the proceeding to him in person, wherever he may be; domiciliary service may be made by leaving the copy at his domicile or residence, with a reasonable person residing therein.
Service may also be made at the domicile elected by the person for whom it is intended, or upon the person indicated by him.
If he has no known domicile or ordinary residence within Québec, service may be made upon him at his business establishment, speaking to a reasonable person in charge thereof.
If he is not represented by attorney, service of any written proceeding other than a proceeding to institute a suit may be made in accordance with article 140. If that person has no known domicile or ordinary residence within Québec, service may be made at the office of the court.
1965 (1st sess.), c. 80, a. 123; 1972, c. 70, s. 5; 1992, c. 57, s. 218; 1996, c. 5, s. 10; 1999, c. 40, s. 56.
124. The copy served must be certified by the party himself or his attorney or, where applicable, by one of the persons referred to in article 82.1, and the person making service must endorse thereon, over his signature, the date and hour of service.
1965 (1st sess.), c. 80, a. 124; 1993, c. 72, s. 4.
125. If the person concerned refuses to accept the copy of a proceeding, the person making service records the refusal on the original and personal service is deemed to have been made at the time of refusal.
The person making service must then leave the copy of the proceeding by any appropriate means.
1965 (1st sess.), c. 80, a. 125; 1975, c. 83, s. 13.
126. Service shall not be made in a place of public worship, or in court, or upon a member of the National Assembly upon the floor of the House.
1965 (1st sess.), c. 80, a. 126.
127. In all cases in which the parties reside together, any service for one upon the other must be personal, unless another mode of service is authorized under article 138.
1965 (1st sess.), c. 80, a. 127.
128. A proceeding addressed to several parties must be served upon each of them separately.
1965 (1st sess.), c. 80, a. 128.
129. Service upon a general or limited partnership may be made at its business establishment or, if it has none, upon one of the partners. Similarly, service upon an association within the meaning of the Civil Code may be made at its office or, if it has none, upon one of its directors.
1965 (1st sess.), c. 80, a. 129; 1992, c. 57, s. 219; 1999, c. 40, s. 56.
130. Service upon a legal person is made at its head office, at one of its establishments in Québec or at the establishment of its agent in the district where the cause of action has arisen, speaking to one of its senior officers or to a person in charge of the said establishment.
Failing such head office or establishment, service may be made upon one of its senior officers or upon any person mentioned as such in the register instituted under the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P‐45), or upon the attorney designated under section 4 of that Act.
Service upon persons acting illegally as a legal person is made upon one of them, or at their principal business establishment.
1965 (1st sess.), c. 80, a. 130; 1975, c. 83, s. 14; 1981, c. 9, s. 24; 1982, c. 52, s. 114; 1992, c. 57, s. 220; 1993, c. 48, s. 216; 1999, c. 40, s. 56.
131. (Repealed).
1965 (1st sess.), c. 80, a. 131; 1966, c. 21, s. 7.
132. Service upon a joint stock company, upon a legal person constituted otherwise than under the laws of Québec or of Canada, or upon the liquidator of the succession of a person who had property in Québec but was not domiciled therein, may be made at its or his office, speaking to a person employed therein, or anywhere upon its president or secretary or upon its or his agent.
1965 (1st sess.), c. 80, a. 132; 1992, c. 57, s. 221; 1999, c. 40, s. 56.
132.1. Service upon a trustee may be made at his domicile or residence, or at his business establishment by speaking to a person in charge.
1992, c. 57, s. 222; 1999, c. 40, s. 56.
133. Service upon the heirs and legatees by particular title summoned collectively in accordance with the first paragraph of article 116 is made at the last domicile of the deceased; if such domicile is not in Québec, or is closed or if no member of the deceased’s family is there, the service is made upon one of the heirs or legatees by particular title.
Service upon the heirs and legatees by particular title summoned collectively in accordance with the third paragraph of article 116 may, with the authorization of the judge or clerk, be made by public notice in the district in which the immovable in dispute is situated.
Service upon the liquidator of a succession is made at his domicile or residence, or at his business establishment, speaking to a person in charge of the office; if his domicile, residence and business establishment are unknown or located outside Québec, service is made upon one of the heirs.
1965 (1st sess.), c. 80, a. 133; 1992, c. 57, s. 223, s. 420; 1999, c. 40, s. 56.
134. Service upon a navigator or mariner, who has no known domicile or residence in Québec, may be made on board his ship, speaking to a member of the ship’s company.
1965 (1st sess.), c. 80, a. 134.
135. Persons imprisoned must be served personally.
1965 (1st sess.), c. 80, a. 135.
135.1. Any application relating to the integrity, status or capacity of a person 14 years of age or over must be served personally.
Where there is a risk that personal service may worsen the physical or psychological condition of the person concerned by the application, the judge may, on a motion and insofar as the initial application was served personally, authorize that service be effected by means of a sealed envelope, speaking to a reasonable person having custody of the person.
1992, c. 57, s. 224; 1998, c. 51, s. 1.
136. The Attorney General may, on request made to the Government through diplomatic channels, direct a bailiff to serve upon a person in Québec any proceeding issued by a tribunal foreign to Canada.
Such service is made by leaving for the party in the ordinary way a true copy of such proceeding, certified by an officer of the court by which such proceeding was issued. If such copy is not drawn in the French or English language, a certified translation thereof must be annexed thereto.
The return of service also is made in the ordinary way, but with mention where necessary of the fact that a translation was annexed to the copy served.
The capacity and signature of the serving officer must be attested by the clerk of the Superior Court of the district where he resides.
The Lieutenant-Governor may attest the signature of and the declaration by the clerk, and have the original proceeding with the return of service and the taxed bill of costs transmitted to the Secretary of State of Canada.
1965 (1st sess.), c. 80, a. 136; 1977, c. 5, s. 14; 1992, c. 57, s. 420.
137. Service upon a party domiciled or resident in another province of Canada may be made by any person of the age of majority, who must make a certificate of service.
1965 (1st sess.), c. 80, a. 137; 1983, c. 28, s. 1; 1992, c. 57, s. 225.
138. The judge or clerk may, on motion, if the circumstances so require, authorize a mode of service other than those provided by articles 120, 122, 123 and 130, particularly by public notice or by mail, unless such last mode is already authorized by the said articles.
The judge or clerk may also, upon inspecting the certificate of the person who has attempted to make the service, authorize him to serve the proceeding otherwise than in the manner provided in articles 123 and 130. The authorization must appear on the original of the certificate, which must then be filed in the office of the court. An entry of the authorization must be made on the copies of the written proceeding to be served. However, where the attempt to effect service was made by a bailiff or a sheriff and was recorded in his certificate, the bailiff or sheriff may, without authorization, serve the proceeding by leaving on the premises a copy of the written proceeding intended for the addressee.
Any authorization under this article may be obtained in the district of the place in which the written proceeding is served, if such district is not that in which the proceeding was issued.
1965 (1st sess.), c. 80, a. 138; 1966, c. 21, s. 8; 1975, c. 83, s. 15; 1983, c. 28, s. 2; 1992, c. 57, s. 420; 1997, c. 42, s. 4.
139. Service by public notice of a declaration is made by publication of an order of the judge or clerk, calling upon the defendant to appear within 30 days or such other time as may be fixed, and informing him that a copy of the declaration has been left for him at the office of the court.
Unless the judge or the clerk decides otherwise, the order is published only once; the publication is made in a newspaper, designated by the judge or clerk, distributed in the locality of the last known address of the defendant or, if no newspaper is distributed in that locality, in the locality where he is required to appear.
If the circumstances so require, the judge may order the publication by any other appropriate means, in particular by letter, or by an advertisement on the radio or television; he shall then determine the mode of proof of publication.
The order is published in French but if the circumstances so require, the judge may order it published in English as well.
The same rules are followed, with any necessary modifications, for the service by public notice, when it is required, of any proceeding other than a declaration, and for the publication of the public notices of sale provided for in articles 594 and 670.
Service by one publication is complete and is deemed to have taken place on the date of such publication; in the other cases, service is complete only when all the prescribed publications have been made, but it is deemed to have been made on the date of the first publication.
1965 (1st sess.), c. 80, a. 139; 1977, c. 73, s. 5; 1992, c. 57, s. 226, s. 420; 1996, c. 5, s. 11; 1999, c. 40, s. 56.
140. Service by mail is made by mailing a copy of the proceeding by registered or certified mail to the party at the last known address of his residence or place of work.
Such service is deemed to have been made on the date when the acknowledgment of receipt presented by the postman at the time of delivery was signed by the party himself or by one of the persons mentioned in article 123.
1965 (1st sess.), c. 80, a. 140; 1975, c. 83, s. 16; 1999, c. 40, s. 56.
140.1. Service of a written proceeding, an exhibit or any other document on the attorney of a party may, without the authorization of the judge or clerk, be effected by transmitting to him a facsimile of the proceeding, exhibit or other document by fax machine.
1993, c. 72, s. 5.
§ 2.  — When Service may be made
141. No service may be made, under pain of penalty against the serving officer, before 7:00 a.m. or after 10:00 p.m., or on a non-juridical day, without the written authorization of the clerk obtained without formality and entered on the original and copies of the proceeding to be served.
Such authorization may be obtained in accordance with the third paragraph of article 138.
1965 (1st sess.), c. 80, a. 141; 1972, c. 70, s. 6; 1975, c. 83, s. 17; 1983, c. 28, s. 3; 1992, c. 57, s. 420.
142. Service upon the attorney of a party cannot be made on Saturday.
Service by fax machine upon the attorney of a party after 4:30 p.m. or on a Saturday is deemed to have been made on the following juridical day.
1965 (1st sess.), c. 80, a. 142; 1993, c. 72, s. 6.
143. The judge or clerk may order the plaintiff who delays having a declaration served to do so within the time fixed under pain of annulment of the declaration.
1965 (1st sess.), c. 80, a. 143; 1992, c. 57, s. 420; 1996, c. 5, s. 12.
§ 3.  — Proof of Service
144. The person who makes the service must draw up a certificate of service on the back of the original of the document served or on a separate paper attached thereto; in the latter case he must also write the number of the record and the names of the parties.
If he is not a sheriff or bailiff, his certificate must be sworn to.
1965 (1st sess.), c. 80, a. 144; 1983, c. 28, s. 4.
145. The certificate of a service made by a bailiff, sheriff, or other person authorized under article 122, must state:
(a)  His names, occupation and residence;
(b)  The place, day and hour of the service;
(c)  The person with whom a copy of the proceeding was left;
(d)  The distance from his residence to the place of service;
(e)  The amount of the costs of service.
1965 (1st sess.), c. 80, a. 145.
146. Service by public notice is proved by filing in the office of the court a copy of the page of the newspaper in which the notice has been published.
The return of service by mail is made by means of a sworn statement of the sender, attesting that he has fulfilled the formalities prescribed in article 140, to which is attached, for registered mail, the acknowledgment of receipt or, for certified mail, the notice of delivery.
1965 (1st sess.), c. 80, a. 146; 1975, c. 83, s. 18; 1977, c. 73, s. 6; 1983, c. 28, s. 5; 1992, c. 57, s. 227.
146.0.1. Service by fax machine may be proved by means of a transmission slip or, failing that, by means of an affidavit from the person who effected the service.
1993, c. 72, s. 7.
146.0.2. A written proceeding, exhibit or other document that is served by fax machine must be accompanied with a transmission slip setting out
(a)  the name, address and telephone number of the sender;
(b)  the name of the attorney to be served and the fax number of the receiving fax machine;
(c)  the date and time of transmission;
(d)  the total number of pages transmitted, including the transmission slip;
(e)  the fax number of the transmitting fax machine; and
(f)  the nature of the document.
1993, c. 72, s. 7.
DIVISION III
NOTIFICATION
1992, c. 57, s. 228.
146.1. Notification may be made by delivering the original or a certified copy or abstract of the act, document or notice to the person to be notified and obtaining a receipt therefor.
1992, c. 57, s. 228.
146.2. Notification may also be made by sending the original, a certified copy or an abstract of the act, document or notice by registered or certified mail to the last known address of the residence or place of work of the person to be notified.
Notification is deemed to have been made on the date on which the acknowledgement of receipt presented by the postal employee at the time of delivery or, in the case of certified mail, the acknowledgement of delivery, is signed by the person to be notified or by one of the persons referred to in article 123.
1992, c. 57, s. 228; 1999, c. 40, s. 56.
146.3. Unless prescribed otherwise, notification of the original or of a copy or abstract of the act, document or notice may be made by regular mail or by any other means of communication where the context does not require the sender to obtain proof of sending.
1992, c. 57, s. 228.
CHAPTER II
FILING OF DECLARATION
1994, c. 28, s. 5; 1996, c. 5, s. 13.
147. (Repealed).
1965 (1st sess.), c. 80, a. 147; 1994, c. 28, s. 6.
148. The plaintiff is not bound, before the date of hearing, to file in the office of the court the original of the declaration and proof of its service, unless the defendant or another party to the case requests him in writing to do so.
In the case of default to appear or to plead, the plaintiff is bound to file in the office of the court, at the latest upon inscription, the original of the declaration and proof of its service.
Judgment cannot be rendered against a defendant who has not appeared or has not pleaded if the plaintiff has not filed in the office of the court the original of the proceeding instituting the suit with proof of service.
1965 (1st sess.), c. 80, a. 148; 1992, c. 57, s. 229; 1996, c. 5, s. 14.
CHAPTER III
APPEARANCE
149. The defendant must appear before the expiry of the time fixed, by filing in the office of the court a written appearance signed by him or his attorney.
1965 (1st sess.), c. 80, a. 149; 1983, c. 28, s. 6; 1985, c. 29, s. 7; 1992, c. 57, s. 230; 1999, c. 40, s. 56.
150. The defendant may appear even after expiry of the time fixed to appear if the inscription for judgment by the clerk or for proof and hearing before the court has not been filed in the record.
An inscription made prematurely or irregularly does not prevent the defendant from appearing and he is not required to apply for relief of his default.
1965 (1st sess.), c. 80, a. 150; 1992, c. 57, s. 231.
151. Notwithstanding the inscription, and failing the consent of the opposite party, the judge or the clerk may, at any time before judgment and on such conditions as he determines, give the defendant leave to appear.
1965 (1st sess.), c. 80, a. 151; 1992, c. 57, s. 232.
TITLE II
CONTESTATION OF THE ACTION
CHAPTER I
DEMAND FOR SECURITY FOR COSTS
152. The defendant may, within five days of appearance, apply to the judge in chambers, or, in his absence, to the clerk, for an order that the time for contesting the action shall not commence to run until security has been given as required by article 65, and he has been notified that it has been given. If the application is dismissed, the time for contesting the action runs from the judgment dismissing it.
1965 (1st sess.), c. 80, a. 152; 1992, c. 57, s. 420; 1999, c. 40, s. 56.
153. Notwithstanding the expiry of the time limit of five days, the defendant may require security for costs, but such demand does not stay the suit.
1965 (1st sess.), c. 80, a. 153; 1999, c. 40, s. 56.
154. The plaintiff who fails to give security within the time fixed may be non-suited, saving his recourse.
1965 (1st sess.), c. 80, a. 154; 1999, c. 40, s. 56.
CHAPTER II
Repealed, 1996, c. 5, s. 15.
1996, c. 5, s. 15.
155. (Repealed).
1965 (1st sess.), c. 80, a. 155; 1988, c. 21, s. 66; 1996, c. 5, s. 15.
156. (Repealed).
1965 (1st sess.), c. 80, a. 156; 1992, c. 57, s. 420; 1996, c. 5, s. 15.
157. (Repealed).
1965 (1st sess.), c. 80, a. 157; 1988, c. 21, s. 66; 1996, c. 5, s. 15.
158. (Repealed).
1965 (1st sess.), c. 80, a. 158; 1996, c. 5, s. 15.
CHAPTER III
PRELIMINARY EXCEPTIONS
DIVISION I
GENERAL PROVISIONS
159. The defendant may, before pleading to the merits, urge the preliminary exceptions set forth in this chapter.
1965 (1st sess.), c. 80, a. 159.
160. Preliminary exceptions are urged by motion, which must be presented as soon as possible after it has been served. The motion may not be contested in writing, but the court may, when it is presented, allow any party to adduce necessary evidence.
1965 (1st sess.), c. 80, a. 160.
161. The grounds set forth in article 163 and in paragraphs 1, 4 and 8 of article 168 must be urged together within five days of the expiry of the time fixed to appear, or of the notice provided for by article 152.
The court first decides the declinatory exception; if it dismisses the declinatory, it decides all the other exceptions at the same time; if it maintains the declinatory the other grounds are referred to and decided by the competent court.
1965 (1st sess.), c. 80, a. 161; 1969, c. 80, s. 4; 1996, c. 5, s. 16.
162. The grounds other than those mentioned in article 161 are urged together within five days from:
(1)  The date of the expiry of the time fixed to appear or of the notice provided for by article 152;
(2)  The date of the judgment dismissing a motion under article 161;
(3)  The date of the judgment referring the case to a competent court, when the motion has urged only a declinatory exception;
(4)  The date of the judgment dismissing, after reference to the competent court, a motion under article 161 which raised other grounds besides the declinatory; or
(5)  The expiry of the time granted by the judge or by law, when the motion under article 161 raising any of the grounds set forth in paragraphs 1, 4 or 8 of article 168 has been maintained.
1965 (1st sess.), c. 80, a. 162; 1969, c. 80, s. 5; 1996, c. 5, s. 17; 1999, c. 40, s. 56.
DIVISION II
DECLINATORY EXCEPTIONS
163. A defendant, summoned before a court other than that before which the suit should have been instituted, may ask that the suit be referred to the competent court within the legislative authority of Québec, or that the suit be dismissed if there is no such court.
1965 (1st sess.), c. 80, a. 163.
164. Lack of jurisdiction by reason of the subject matter may be raised at any stage of the case, and it may even be declared by the court of its own motion. The court adjudicates as to costs according to the circumstances.
1965 (1st sess.), c. 80, a. 164.
DIVISION III
EXCEPTION TO DISMISS ACTION
165. The defendant may ask for the dismissal of the action if:
(1)  There is lis pendens or res judicata;
(2)  One of the parties is incapable or has not the necessary capacity;
(3)  The plaintiff has clearly no interest in the suit;
(4)  The suit is unfounded in law, even if the facts alleged are true.
1965 (1st sess.), c. 80, a. 165.
166. When it is possible to remedy the ground upon which the exception is based, the plaintiff may ask that he be granted a time to do so and that judgment be rendered upon the exception only upon the expiry of such time.
If the ground remains, the suit is dismissed; if it has been remedied, the exception is maintained for costs only.
1965 (1st sess.), c. 80, a. 166; 1999, c. 40, s. 56.
167. The dismissal of a suit for one of the grounds set forth in article 165 may be urged notwithstanding the failure to do so within the time limit; but if an exception made tardily results in the dismissal of the suit, the costs shall be the same as if the exception had been made within the time limit, unless the court otherwise orders.
1965 (1st sess.), c. 80, a. 167; 1999, c. 40, s. 56.
DIVISION IV
DILATORY EXCEPTIONS
168. The defendant may ask that the suit be stayed for the time fixed by law or by the judgment granting his motion:
(1)  when the time allowed him to deliberate and exercise an option in a succession matter has not expired;
(2)  when he has the right to demand the discussion of the property of the principal or original debtor;
(3)  when he has the right to demand the execution by the plaintiff of some precedent obligation;
(4)  when he has the right to demand that the plaintiff declare his option between different recourses that he has joined, or that co-plaintiffs disjoin separate actions which they have joined;
(5)  when he wishes to implead a third party whose presence is necessary to permit a complete solution of the question involved in the action, or against whom he claims to have a recourse in warranty;
(6)  when the declaration is affected by some irregularity which he has an interest to have corrected;
(7)  when he has the right to obtain, in respect of any vague or ambiguous allegations of the demand, particulars necessary for the preparation of his defence;
(8)  when he has the right to require that an exhibit the plaintiff intends to refer to at the hearing be communicated to him by the plaintiff.
The defendant may also ask for the striking out of allegations which are immaterial, redundant or libellous.
1965 (1st sess.), c. 80, a. 168; 1992, c. 57, s. 233; 1994, c. 28, s. 7; 1999, c. 40, s. 56.
169. When the judgment granting a motion based upon one of the grounds set forth in article 168 orders the plaintiff to do something within the time fixed and the plaintiff fails to do so, the defendant may, as soon as the time has expired, obtain the dismissal of the demand or the striking out of the allegations involved.
1965 (1st sess.), c. 80, a. 169; 1999, c. 40, s. 56.
170. Subject to the provisions of article 171, the time limits provided by articles 161 and 162 for urging the dilatory exceptions provided for in this section are mandatory.
1965 (1st sess.), c. 80, a. 170; 1999, c. 40, s. 56.
171. Even after the expiry of the time limits provided in articles 161 and 162, the judge may, upon such conditions as he determines, authorize the impleading of a third party or oblige the plaintiff to choose between recourses which cannot be joined.
1965 (1st sess.), c. 80, a. 171; 1999, c. 40, s. 56.
CHAPTER IV
CONTESTATION ON THE MERITS
172. The defendant may plead by defence any ground of law or fact which shows that the conclusions of the demand cannot be granted in whole or in part.
He may also in the same proceeding constitute himself cross-plaintiff in order to urge against the plaintiff any claim arising from the same source as the principal demand, or from a related source. The court remains seized of the cross demand notwithstanding discontinuance of the principal demand.
1965 (1st sess.), c. 80, a. 172; 1972, c. 70, s. 7.
173. A defendant who has not made a preliminary exception must file his defence within 10 days from the expiry of the time fixed to appear or from the date of the notice contemplated by article 152.
1965 (1st sess.), c. 80, a. 173; 1969, c. 81, s. 4; 1996, c. 5, s. 18.
174. A defendant who has presented a motion under article 161 must file his defence within the time in which he could have urged other preliminary exceptions under article 162.
A defendant who has presented a motion under article 162 must file his defence within five days, from the judgment dismissing the motion, or from the judgment maintaining for costs only an exception to dismiss the action, or from the expiry of the time granted by law or by a judgment maintaining a dilatory exception, or from a judgment ordering the striking of an allegation under article 169.
1965 (1st sess.), c. 80, a. 174; 1999, c. 40, s. 56.
175. The declaration by a party that he submits to justice is not equivalent to a contestation of the suit or to an acquiescence in the pretensions of the opposite party.
1965 (1st sess.), c. 80, a. 175.
176. The defence must be drawn up in the first person and supported by an affidavit, failing which it is null, in an action:
(a)  on an account for services rendered or goods sold and delivered;
(b)  upon a bill of exchange, cheque, promissory note or acknowledgment of debt;
(c)  for salary or rent or for money lent;
(d)  to recover taxes, rates and assessments imposed by any law of Québec or in virtue of any of its provisions.
The affidavit must attest that there is a serious defence and that the facts alleged are true, and if the defence is based upon the failure to present regularly for payment a bill of exchange, cheque or promissory note, it must also attest that at maturity provision had been made for payment at the appointed place.
1965 (1st sess.), c. 80, a. 176; 1972, c. 70, s. 8; 1992, c. 57, s. 234.
177. (Repealed).
1965 (1st sess.), c. 80, a. 177; 1972, c. 70, s. 9; 1984, c. 26, s. 5.
178. (Repealed).
1965 (1st sess.), c. 80, a. 178; 1992, c. 57, s. 235.
179. (Repealed).
1965 (1st sess.), c. 80, a. 179; 1992, c. 57, s. 235.
180. (Repealed).
1965 (1st sess.), c. 80, a. 180; 1992, c. 57, s. 235.
180.1. (Repealed).
1989, c. 62, s. 3; 1992, c. 57, s. 235.
181. (Repealed).
1965 (1st sess.), c. 80, a. 181; 1992, c. 57, s. 235.
182. Within 10 days from the filing of the defence, the plaintiff may file an answer.
No reply may be filed without the leave of the judge in chambers.
1965 (1st sess.), c. 80, a. 182.
183. A party may allege in his defence or answer any material facts, even those which have arisen since the institution of the action, and may take any conclusions necessary to defeat a ground set up by the opposite party.
1965 (1st sess.), c. 80, a. 183.
184. The provisions of Chapter III of this Title govern, so far as applicable, the presentation of preliminary exceptions against a defence or an answer.
1965 (1st sess.), c. 80, a. 184.
185. After the expiry of the time allowed for filing a defence, the party against whom an inscription by default has been made can no longer do so, unless with the consent of the opposite party or the authorization of the judge in chambers or the clerk.
The same applies to a plaintiff who does not file his answer before the inscription for proof and hearing.
1965 (1st sess.), c. 80, a. 185; 1969, c. 81, s. 5; 1983, c. 28, s. 7; 1985, c. 29, s. 8; 1992, c. 57, s. 236.
186. The issues are joined:
(1)  by the demand, the defence and the answer;
(2)  by the demand, the defence, the answer, and the reply authorized by the judge;
(3)  by the demand and the defence, when the plaintiff has omitted to file an answer or has been foreclosed from so doing.
1965 (1st sess.), c. 80, a. 186.
CHAPTER V
TENDER AND DEPOSIT
187. Tenders by a judicial declaration are made in the manner set out in the Civil Code.
1965 (1st sess.), c. 80, a. 187; 1992, c. 57, s. 237.
188. (Repealed).
1965 (1st sess.), c. 80, a. 188; 1992, c. 57, s. 238.
189. In an action, a party may make or renew a tender and demand record thereof, by a simple declaration in a pleading.
A tender of a sum of money or security must be completed by a deposit in the office of the court, unless the deposit has already been made in the general deposit office of Québec or with a trust company and the receipt therefor has been filed in the record.
1965 (1st sess.), c. 80, a. 189; 1992, c. 57, s. 239.
189.1. Where a tender of a sum of money or security is made to guarantee the performance of the obligation of the opposite party, the party making the tender may, instead of depositing the sum of money or security, entrust it to a trust company licensed under the Act respecting trust companies and savings companies (chapter S-29.01).
The trust company shall undertake to remit the sum of money or security to the opposite party upon proof of performance of the obligation. It shall also undertake to invest the sum by making deposits of money within the meaning of the Deposit Insurance Act (chapter A-26) and guaranteed under that Act, but not including term deposits not repayable at all times before maturity.
The receipt issued by the trust company and the writing attesting the undertakings made by the trust company under the second paragraph must be filed in the record of the court.
1987, c. 48, s. 1; 1987, c. 95, s. 402; 1992, c. 57, s. 240.
190. Unless the tender of money made in a suit is conditional, the opposite party is entitled to receive the sum of money or security deposited, without thereby prejudicing his claim to the remainder.
1965 (1st sess.), c. 80, a. 190; 1992, c. 57, s. 241.
191. The withdrawal of a sum of money or security deposited, and the expenses related to tender and deposit, are subject to the provisions of the Civil Code.
1965 (1st sess.), c. 80, a. 191; 1992, c. 57, s. 242.
TITLE III
DEFAULT TO APPEAR AND DEFAULT TO PLEAD
192. As soon as the time fixed to appear or to plead on the merits has expired, a case may be inscribed for judgment by the clerk, or for proof and hearing before the court.
The court or the clerk may, of their own motion or on an application, order the cancellation of an inscription made prematurely or irregularly.
1965 (1st sess.), c. 80, a. 192; 1992, c. 57, s. 243.
193. At least two clear juridical days’ notice of the date on which the inscription will be presented must be given to the defendant foreclosed from pleading. No notice is necessary if the defendant has made default to appear.
1965 (1st sess.), c. 80, a. 193.
194. The only actions that may be inscribed for judgment before the clerk are those for a sum of money which are founded on:
(1)  an authentic deed or private writing;
(2)  a verbal agreement to pay a specific sum of money;
(3)  a detailed account for services rendered or goods sold and delivered.
The inscription must be accompanied by an affidavit attesting that the amount claimed is owing by the defendant to the plaintiff.
The clerk renders judgment upon inspection of the affidavit and of the document upon which the action is based.
1965 (1st sess.), c. 80, a. 194; 1992, c. 57, s. 420.
195. An action not contemplated in section 194 is inscribed for proof and hearing before the court or, if it is not an application for separation as to bed and board, in nullity of marriage or for divorce or an application relating to filiation or parental authority, before the special clerk.
The proof and hearing are governed by the provisions of articles 280 to 331, except that a defendant foreclosed from pleading may not produce any witnesses.
1965 (1st sess.), c. 80, a. 195; 1972, c. 70, s. 10; 1977, c. 73, s. 7; 1982, c. 17, s. 11; 1992, c. 57, s. 244, s. 420.
196. When proof and hearing are necessary, and the defendant has made default to appear, the witnesses may be heard out of court; but if the defendant has appeared the witnesses can only be heard out of court with the permission of the court or the consent of the parties.
Notwithstanding the foregoing, the court cannot maintain an application for the annulment of marriage unless the plaintiff’s evidence has been given before the court.
The depositions must then by made by affidavits sufficiently detailed to establish all the necessary facts in support of the conclusions sought, or be taken by stenography or written down, before a person authorized to administer the oath, and be filed in the record, and shall have the same effect as if taken in open court.
1965 (1st sess.), c. 80, a. 196; 1982, c. 58, s. 20; 1986, c. 85, s. 1.
197. If there are several defendants and only one or some of them make default to appear or to plead, the plaintiff may proceed at once to judgment against those in default, by inscribing for judgment by the court, after giving notice to all who have appeared. However, if the court is of opinion that the case requires a uniform decision for all the defendants, whether by reason of the object of the demand or in order to avoid contradictory judgments, it shall not render judgment immediately but shall order that the action be decided by one judgment as regards all defendants.
1965 (1st sess.), c. 80, a. 197.
198. (Repealed).
1965 (1st sess.), c. 80, a. 198; 1983, c. 28, s. 8; 1992, c. 57, s. 245.
198.1. Where a proceeding introductive of suit was transmitted to a foreign state in order to be served in accordance with any mode of service acknowledged by the law of that state for the service of proceedings from abroad in its territory and it is proved that, despite reasonable efforts in applying to the proper authorities of that state to obtain a return of service, no such return was received within six months of the transmission of the application, the judge may render a judgment against a defendant who has not appeared or who has not pleaded.
1985, c. 29, s. 9.
TITLE IV
INCIDENTAL PROCEEDINGS
CHAPTER I
AMENDMENTS
199. Any party may, at any time before judgment, amend the declaration and any pleadings which he has filed: once without leave or costs, if the opposite party has not answered the pleading in any way or served an inscription; with the permission of the court and on the conditions that it considers necessary to safeguard the rights of the opposite party, in other cases.
1965 (1st sess.), c. 80, a. 199; 1996, c. 5, s. 19.
200. A party who makes an amendment without leave must serve the amended pleading forthwith; a party who requires leave must serve a motion for leave, to which must be attached a copy of the amended pleading.
1965 (1st sess.), c. 80, a. 200.
201. The time for answering an amended pleading runs from the date of its service or of the judgment granting leave to amend, according as the amendment could or could not be made without leave.
1965 (1st sess.), c. 80, a. 201; 1999, c. 40, s. 56.
202. A party may amend in order to modify, correct or complete the allegations or conclusions of the original pleading, to invoke facts which have occurred during the instance, or to assert a right accrued since the service of the action and connected with the right claimed by the original suit.
1965 (1st sess.), c. 80, a. 202.
203. No amendment may be made which would be useless or contrary to the ends of justice, or which would result in an entirely new demand having no connection with the original demand.
1965 (1st sess.), c. 80, a. 203.
204. The court may, of its own motion, at any time before judgment and on such conditions as it deems just, order the immediate correction of any error of form, expression, calculation or writing in any written pleading.
1965 (1st sess.), c. 80, a. 204.
205. Notwithstanding the provisions of article 200, the court may, during the trial and in the presence of the opposite party, authorize an amendment upon simple oral motion; the decision must be noted in the minutes of trial and the amended pleading must be filed in the record as soon as possible, without service being necessary.
1965 (1st sess.), c. 80, a. 205.
206. When, by an amendment, a new defendant is joined in an action, he must be served with a copy of the declaration in the ordinary manner; and the action, so far as he is concerned, is considered to have commenced only with such service.
1965 (1st sess.), c. 80, a. 206; 1996, c. 5, s. 20.
207. The judge may, on such conditions as he considers just, allow the plaintiff to serve anew the declaration when the first service is irregular.
1965 (1st sess.), c. 80, a. 207; 1996, c. 5, s. 21.
CHAPTER II
PARTICIPATION OF THIRD PARTIES IN THE ACTION
DIVISION I
VOLUNTARY INTERVENTION
208. Any person interested in an action to which he is not a party, or whose presence is necessary to authorize, assist or represent a party who is incapable, may intervene therein at any time before judgment.
1965 (1st sess.), c. 80, a. 208.
209. Voluntary intervention is termed aggressive when the third party asks that he be acknowledged as having, against the parties or one of them, a right which is in dispute; it is termed conservatory when the third party only seeks to be substituted for one of the parties, in order to represent him, or to be joined with such party in order to assist him, either to aid his action or to support his pretensions.
1965 (1st sess.), c. 80, a. 209.
210. Aggressive intervention constitutes a separate suit, even when it is joined to the original action.
Conservatory intervention is only an accessory to the original action; the intervenant must accept the action in the condition in which he finds it; it is otherwise only in the case where the purpose of the intervention is to render capable an incapable party, and in such case the intervenant may ratify or not ratify the acts already done.
1965 (1st sess.), c. 80, a. 210.
211. An intervention is made by the service upon all the parties in the case of a declaration setting forth the grounds upon which it is based and the conclusions which it seeks, to which must be attached a notice of the day when it will be presented to the court to be received.
In case of urgency the judge may, upon oral application, order that all proceedings in the principal action be suspended until it has been decided whether the intervention should be received.
1965 (1st sess.), c. 80, a. 211.
212. The parties in the case may orally oppose the receiving of the intervention, on the ground of lack of interest on the part of the intervenant, but it must be received if the intervenant shows that his interest is probable.
1965 (1st sess.), c. 80, a. 212.
213. The time for contesting the intervention on the merits is computed from the day on which it has been received, and the proceedings follow the same rules as the principal action.
1965 (1st sess.), c. 80, a. 213; 1999, c. 40, s. 56.
214. Unless the court otherwise orders, the intervention, even after being received, does not suspend the principal action; but the case cannot be inscribed on the roll for hearing until issue has been joined both on the principal action and on the intervention.
Notwithstanding the foregoing, where the rules of practice provide for the issue of a certificate of readiness, the case, even after being inscribed, cannot be inscribed on the roll for hearing before such a certificate has been issued attesting that the case, taking the intervention into account, is ready for hearing.
1965 (1st sess.), c. 80, a. 214; 1984, c. 26, s. 6; 1994, c. 28, s. 8.
215. When the principal action and the intervention are heard at the same time, a single judgment decides them both.
1965 (1st sess.), c. 80, a. 215.
DIVISION II
FORCED INTERVENTION OR JOINDER OF PARTIES
216. Any party to a case may implead a third party whose presence is necessary to permit a complete solution of the question involved in the action, or against whom he claims to exercise a recourse in warranty.
1965 (1st sess.), c. 80, a. 216.
217. Such impleading is effected by an ordinary summons, served within five days of the judgment which authorizes it.
The declaration must set forth the grounds for impleading and be accompanied by a copy of the principal demand.
1965 (1st sess.), c. 80, a. 217; 1996, c. 5, s. 22.
218. The proceedings on the principal action are stayed until the expiry of the time granted to the third party to appear and to answer to the claim against him.
1965 (1st sess.), c. 80, a. 218; 1999, c. 40, s. 56.
219. A third party called in simple or personal warranty cannot take up the defence of the warrantee; he can merely contest the demand against the latter, if he thinks proper.
1965 (1st sess.), c. 80, a. 219.
220. A third party called in legal warranty may take up the defence of the warrantee, who may be relieved from the contestation if he so requires. Although relieved from the contestation, the warrantee may nevertheless act therein for the conservation of his rights.
Judgments rendered against the warrantor may, after being served on the warrantee, be executed against the latter.
1965 (1st sess.), c. 80, a. 220.
221. The warrantor may plead to the action against the warrantee, within the time allowed the warrantee to plead to the action taken against him.
1965 (1st sess.), c. 80, a. 221; 1999, c. 40, s. 56.
222. Unless the court decides otherwise, the principal action and the action in warranty must be heard jointly, and a single judgment decides them both.
The plaintiff in the principal action or any other party has an interest to make any useful application to ensure that the action in warranty does not cause undue delay in the principal action.
1965 (1st sess.), c. 80, a. 222; 1984, c. 26, s. 7; 1996, c. 5, s. 23.
CHAPTER III
IMPROBATION
223. A party may, during the suit, demand that an authentic writing that he or the opposite party intends to avail himself of at the hearing or that has already been filed in the record be declared a forgery or to have been falsified.
Such incidental improbation may be begun at any time before judgment; but, after the closing of the proof, it can only be allowed if the party shows that he did not earlier become aware of the forgery.
1965 (1st sess.), c. 80, a. 223; 1994, c. 28, s. 9.
224. Incidental improbation is begun by a motion setting forth the grounds of improbation and served upon the opposite party with notice of the date when it will be presented to the court to be received.
The motion must also be accompanied by a certificate of the clerk that there has been deposited in the office of the court an amount considered sufficient to cover the costs of the opposite party if the motion is dismissed.
1965 (1st sess.), c. 80, a. 224; 1992, c. 57, s. 420.
225. All proceedings in the principal suit are suspended from the receiving of the motion until judgment thereon.
1965 (1st sess.), c. 80, a. 225.
226. Within five days from the receiving of the motion, the opposite party must, by writing served upon the applicant and filed in the office of the court, declare whether he intends to avail himself of the document attacked.
1965 (1st sess.), c. 80, a. 226.
227. If the party fails to make such declaration, or declares that he does not intend to avail himself of the document, the document may not be filed at the hearing in the principal suit or, if it has already been filed, it is struck from the record.
If on the other hand the party declares that he intends to make use of the document, he must, within 10 days, contest the motion in improbation.
1965 (1st sess.), c. 80, a. 227; 1994, c. 28, s. 10.
228. When the original of the impugned document has not already been filed in the record, the judge, at the request of one of the parties, may order the person who has custody of the document to deposit it in the office of the court within the time fixed, under all legal penalties, and the time limit provided by article 227 runs only from the date of such deposit.
1965 (1st sess.), c. 80, a. 228; 1999, c. 40, s. 56.
229. The contestation and hearing of the incidental improbation follow the same rules as the principal action.
1965 (1st sess.), c. 80, a. 229.
230. The judgment which decides the improbation determines, if necessary, to whom the document shall be handed over.
1965 (1st sess.), c. 80, a. 230.
231. The provisions of this chapter, with the exception of article 224, must be observed, so far as they apply, in a direct action in improbation, except that the declaration required by article 226 must be made within five days of appearance.
1965 (1st sess.), c. 80, a. 231.
CHAPTER IV
CONTESTATION AND CORRECTION OF RETURNS
232. A party may ask that the return of a sheriff, bailiff or other court officer, or of any person authorized to make a return of service, be declared untrue or inaccurate.
1965 (1st sess.), c. 80, a. 232.
233. The court may grant leave to correct any error appearing in a return mentioned in article 232.
1965 (1st sess.), c. 80, a. 233.
CHAPTER V
RECUSATION
234. A judge may be recused:
(1)  If he is related or allied to one of the parties within the degree of cousin-german inclusively;
(2)  If he is himself a party to an action involving a question similar to the one in dispute;
(3)  If he has given advice upon the matter in dispute, or has previously taken cognizance of it as an arbitrator, if he has acted as attorney for any of the parties, or if he has made known his opinion extra-judicially;
(4)  If he is directly interested in an action pending before a court in which any of the parties will be called to sit as judge;
(5)  If there is mortal enmity between him and any of the parties, or if he has made threats against any of the parties, since the institution of the action or within six months previous to the proposed recusation;
(6)  If he is the legal representative, the mandatary or the administrator of the property of a party to the suit, or if he is, in relation to one of the parties, a successor or a donee;
(7)  If he is a member of an association, partnership or legal person, or is manager or patron of some order or community which is a party to the suit;
(8)  If he has any interest in favouring any of the parties;
(9)  If he is related or allied to the attorney or counsel or to the partner of any of them, either in the direct line, or in the collateral line in the second degree.
1965 (1st sess.), c. 80, a. 234; 1992, c. 57, s. 246.
235. A judge is disqualified if he or his consort is interested in the action.
1965 (1st sess.), c. 80, a. 235; 1977, c. 73, s. 8.
236. A judge who is aware of a ground of recusation to which he is liable is bound, without waiting until it is invoked, to make and file in the record a written declaration of it.
A party who is aware of a ground of recusation against the judge must do likewise, without delay.
1965 (1st sess.), c. 80, a. 236.
237. Recusation is proposed by motion within 10 days of notification by the clerk, to all the parties in the case, of a declaration made under article 236.
Failing such declaration, recusation may be proposed at any stage of the case, if the party shows that he has been diligent.
1965 (1st sess.), c. 80, a. 237; 1992, c. 57, s. 420.
238. A recusation proposed before the judge has made a declaration must be communicated to him and he must, within 10 days, declare in writing whether or not the grounds alleged are true. After such time has expired, the motion is referred to the court, to be heard in the absence of the recused judge.
1965 (1st sess.), c. 80, a. 238; 1999, c. 40, s. 56.
239. If recusation is proposed against the sole judge designated to preside over the court in the district where the case is pending, the clerk must forthwith inform the chief justice.
1965 (1st sess.), c. 80, a. 239; 1992, c. 57, s. 420.
240. The declaration of the judge can only be contradicted by written proof.
1965 (1st sess.), c. 80, a. 240.
241. If the recusation is maintained, the recused judge must not be present during the proof and hearing of the case; if it is dismissed, the judge cannot refuse to sit.
1965 (1st sess.), c. 80, a. 241.
242. Except in the case mentioned in article 235, the parties may renounce in writing their right to recuse, but a judge who is subject to any ground of recusation may refuse to sit, even if recusation is not proposed.
1965 (1st sess.), c. 80, a. 242.
CHAPTER VI
DISAVOWAL
243. A party may disavow an attorney who has exceeded his powers or who has acted for him without a mandate.
1965 (1st sess.), c. 80, a. 243.
244. A disavowal may be taken during the suit in accordance with the provisions of this chapter.
It may also be taken after judgment, by an ordinary action, which does not suspend the execution unless the judge so orders.
1965 (1st sess.), c. 80, a. 244.
245. A party disavowing during the suit must file in the office of the court a declaration that he has neither authorized nor ratified the act which he repudiates.
1965 (1st sess.), c. 80, a. 245.
246. The declaration of disavowal, the filing of which stays the suit, must be followed forthwith by a motion, signed by the party himself or by his attorney under a special power of attorney, asking that the disavowal be declared valid. Such motion must be served upon the attorney disavowed, the liquidator of his succession, if he is known, or his heirs, and upon all the parties in the case; it is contested and heard in accordance with the ordinary rules.
1965 (1st sess.), c. 80, a. 246; 1992, c. 57, s. 247.
247. If the disavowal is maintained, the acts disavowed are annulled and the parties are placed in the same position as they were in when the acts were done.
1965 (1st sess.), c. 80, a. 247.
CHAPTER VII
CHANGE OF ATTORNEYS
248. If, before the case is taken under advisement, the attorney of one of the parties dies, becomes unable to act or withdraws, no proceeding can be taken and no judgment rendered, under pain of nullity, before the party has appeared personally or appointed another attorney or, after being called upon to do so, has made default.
1965 (1st sess.), c. 80, a. 248.
249. An attorney who desires to cease representing a party must ask leave of the court, after notice to such party and to the opposite party.
1965 (1st sess.), c. 80, a. 249.
250. A party who is represented by an attorney is deemed to know of the suspension or death of the attorney of the opposite party, or of his appointment to a public office incompatible with the practice of his profession, without any notice being necessary.
1965 (1st sess.), c. 80, a. 250.
251. When one of the parties ceases to be represented before the case is taken under advisement, the opposite party must serve him with a notice to appoint another attorney or to file a written appearance on his own behalf.
If the party fails, within 10 days, to conform to the notice, the opposite party may, after inscription, proceed as in a case by default, if he is plaintiff, or ask for the dismissal of the action, saving the plaintiff’s recourse, if he is defendant.
1965 (1st sess.), c. 80, a. 251; 1992, c. 57, s. 248.
252. A party may not revoke the powers of his attorney unless he pays him his fees and disbursements, taxed after notice given.
A party who revokes the powers of his attorney must, without being notified to do so by the opposite party, immediately appoint another attorney or file a written appearance on his own behalf; in default of his so doing the case is proceeded with as provided in article 251.
1965 (1st sess.), c. 80, a. 252.
253. The substitution of one attorney for another must be authorized by the judge or clerk, unless all the parties consent.
1965 (1st sess.), c. 80, a. 253; 1969, c. 81, s. 6; 1992, c. 57, s. 420.
253.1. Where the parties bring an action by way of a joint suit and are represented by the same attorney, the court may adjourn the hearing of the action until each party has appeared in person or appointed a new attorney, if it considers that the action raises genuine problems and that, owing to the mode of representation, it will not be possible for justice to be done.
1982, c. 17, s. 12.
CHAPTER VIII
CONTINUANCE OF SUIT
254. A case which has been taken under advisement cannot be retarded by the change of civil status of any of the parties, by the cessation of the functions within which he was acting, or by his death.
1965 (1st sess.), c. 80, a. 254.
255. An attorney who learns of the change of civil status or of the death of the party whom he is representing, or of the cessation of the functions within which such party was acting, is bound to notify the opposite party in writing.
1965 (1st sess.), c. 80, a. 255.
256. All proceedings taken before the service of the notice mentioned in article 255 are valid; those taken afterwards are null, and the suit is suspended until it is continued by those interested or until they have been called in to continue it.
1965 (1st sess.), c. 80, a. 256.
257. A suit may be continued:
(1)  by the heirs or representatives of a deceased party or the liquidator of the succession, or by the person who has acquired the right which is the subject of the suit;
(2)  by a person who, as a result of a change of status or capacity of one of the parties or of his loss of capacity, has acquired the capacity and the necessary interest to do so;
(3)  (paragraph repealed);
(4)  by the person who replaces a party whose functions have ceased.
1965 (1st sess.), c. 80, a. 257; 1972, c. 70, s. 11; 1982, c. 17, s. 13; 1992, c. 57, s. 249.
258. Continuance of suit is effected by filing in the office of the court and serving on all the parties in the case an appearance and an affidavit setting forth the facts which give rise to the continuance.
The right to continue the suit may, within 10 days of such appearance, be contested in the ordinary way; in default of such contestation, the continuance is held to be admitted.
1965 (1st sess.), c. 80, a. 258; 1992, c. 57, s. 250.
259. In default by the parties interested to continue the suit, the party remaining in the case may obtain from the judge in chambers an order that the suit be continued between him and such parties interested.
1965 (1st sess.), c. 80, a. 259.
260. The persons mentioned in the order must appear within 10 days of its service upon them, failing which the party remaining may, if he is plaintiff, inscribe for judgment by default, or, if he is defendant, ask that the action be dismissed saving the plaintiff’s recourse.
1965 (1st sess.), c. 80, a. 260.
261. Within five days of their appearance, the persons mentioned in the order may either ask the court to revoke or amend the order, or continue the suit on the last valid proceedings.
1965 (1st sess.), c. 80, a. 261.
CHAPTER IX
DISCONTINUANCE
262. A party may at any time discontinue his suit or proceeding.
1965 (1st sess.), c. 80, a. 262.
263. Discontinuance is effected by a simple declaration signed by the party or his attorney, and presented at the trial or filed in the office of the court.
Unless made at the trial in the presence of the opposite party, the discontinuance has no effect against him until it has been served upon him.
1965 (1st sess.), c. 80, a. 263.
264. Discontinuance replaces matters in the state in which they would have been had the suit to which it applies not been commenced.
It involves the obligation to pay the costs occasioned by the suit, which costs are adjudged to the opposite party by the clerk, upon inscription.
1965 (1st sess.), c. 80, a. 264; 1992, c. 57, s. 420.
CHAPTER X
PEREMPTION OF SUIT
265. Any proceeding will be declared perempted, upon the application of the defendant, six months after the last useful written proceeding is filed.
1965 (1st sess.), c. 80, a. 265; 1996, c. 5, s. 24.
266. The period of peremption, in the case of a suit entered on the roll but struck therefrom or continued sine die, runs from the date of such striking or continuance, as the case may be.
1965 (1st sess.), c. 80, a. 266.
267. Peremption takes place against the State and any person; it takes place even against incapables who are represented, saving their recourse against those who represent them.
1965 (1st sess.), c. 80, a. 267; 1992, c. 57, s. 251.
268. Peremption is declared by the court upon motion served upon the attorney or upon the party himself if he has no attorney, at least 30 days before the date fixed for its presentation.
1965 (1st sess.), c. 80, a. 268.
269. Peremption is covered by any useful proceeding taken by either party within the six months immediately preceding the service of the motion provided for in article 268.
As long as judgment has not been rendered on such motion, the plaintiff may still prevent peremption from being pronounced by filing a useful proceeding, and in such case the court will grant the motion, but for costs only.
1965 (1st sess.), c. 80, a. 269; 1996, c. 5, s. 25.
CHAPTER XI
JOINDER OF ACTIONS
270. Even where the claims do not originate from the same source or from related sources, two or more actions between the same parties, brought and inscribed before the same jurisdiction, may be joined by order of the court, if it appears expedient to the court to hear them together and if it causes no undue delay for any of the actions or serious injury to any third person interested in any of the actions; where the rules of practice provide for the issue of a certificate of readiness, the certificate must have been issued in each case.
1965 (1st sess.), c. 80, a. 270; 1984, c. 26, s. 8; 1992, c. 57, s. 252; 1994, c. 28, s. 11.
271. The court may also order that several actions brought and inscribed before it, whether or not involving the same parties, be tried at the same time and decided on the same evidence; it may also order that the evidence in one be used in another or that one be tried and decided first and the others meanwhile stayed.
Where the rules of practice provide for the issue of a certificate of readiness, the order of the court shall regard only those actions for which the certificate has been issued.
1965 (1st sess.), c. 80, a. 271; 1984, c. 26, s. 9; 1994, c. 28, s. 12.
272. An order under article 270 or article 271 may be revoked by the trial judge if he is of opinion that it is in the interest of justice to do so. No appeal lies from such order or from the order revoking it.
1965 (1st sess.), c. 80, a. 272.
273. When the Superior Court and the Court of Québec are seized of actions having the same juridical basis or raising the same questions of law and fact, the Court of Québec must, if one of the parties so requests and no serious prejudice can result to the opposite party, suspend the hearing of the case before it until the judgment in the case before the Superior Court has become definitive.
1965 (1st sess.), c. 80, a. 273; 1988, c. 21, s. 66.
CHAPTER XII
SPLIT PROCEEDINGS IN MATTERS OF CIVIL LIABILITY
1996, c. 5, s. 26.
273.1. In matters of civil liability, the court may, by way of exception and on the application of a party, split the proceedings in order to determine liability before determining the quantum of damages necessary to compensate the injury suffered, if any.
The court takes into account, in particular, the relative complexity of the proof with respect to liability and the quantum of damages.
1996, c. 5, s. 26.
273.2. No appeal lies from the judgment on an application for split proceedings; an immediate appeal lies from the judgment on liability only where the judgment terminates the proceedings.
1996, c. 5, s. 26.
TITLE V
PROOF AND HEARING
CHAPTER I
TRIAL BEFORE THE COURT
DIVISION I
INSCRIPTION
274. As soon as issue is joined, either party may inscribe the case for proof and hearing; notice of such inscription must be served on the other parties.
1965 (1st sess.), c. 80, a. 274.
275. The clerk keeps a general roll for ordinary matters and another for motions to institute proceedings, on which the inscribed cases are entered. He also keeps a special roll for family cases and another for matters which are to be heard and decided by preference by reason of a provision of law or of a decision of the chief justice or a judge designated by him for such purpose.
1965 (1st sess.), c. 80, a. 275; 1982, c. 17, s. 14; 1992, c. 57, s. 253.
275.1. Where the rules of practice provide for the issue of a certificate of readiness, each party may, once the case is inscribed for proof and hearing, file at the office of the court, in accordance with the rules of practice, a declaration of inscription on the roll for hearing; the declarations must be served on the other parties.
1994, c. 28, s. 13.
276. Rolls for hearing for each judicial district are prepared under the direction of the chief justice taking into account the date of the inscription of the suit, the declaration of inscription on the roll for hearing, where applicable, and the rules of practice. The rules of practice may provide for the issue of a certificate of readiness attesting that the case is ready for proof and hearing and fix the conditions and procedure for the issue of the certificate.
Any question relating to the preparation of such rolls shall be decided finally and exclusively by the chief justice or the judge appointed to administer justice in the district concerned.
1965 (1st sess.), c. 80, a. 276; 1972, c. 70, s. 12; 1984, c. 26, s. 10; 1994, c. 28, s. 14.
277. (Repealed).
1965 (1st sess.), c. 80, a. 277; 1994, c. 28, s. 15.
278. Subject to the rules of practice, the clerk sends to the parties and their attorneys a notice of the date fixed for proof and hearing at least 30 days and not more than 60 days before proof and hearing, unless the parties agree to a shorter period of time. Such notice is sent by mail or, if the circumstances require it, by any other means authorized by the Government.
The clerk files in the record a note of the sending of the notice to the parties, which establishes as presumption of its receipt by the party.
If a copy of the roll has been sent to the attorneys in accordance with the rules of practice, failure to receive the notice by the parties cannot stay proceedings.
1965 (1st sess.), c. 80, a. 278; 1972, c. 70, s. 13; 1975, c. 83, s. 19; 1983, c. 28, s. 9; 1992, c. 57, s. 420; 1999, c. 40, s. 56.
DIVISION II
PRE-TRIAL
279. After a case has been inscribed, the judge assigned to hear it, or any other judge designated by the chief justice, if he believes it useful or if he is so requested, invites the attorneys to discuss appropriate means to simplify the suit and to shorten the hearing, including the advisability of amendments to the pleadings, of defining the questions of law and fact really in controversy, of admitting some fact or document and of providing the list of authorities they intend to submit. During the conference, the parties must provide access to the original of the exhibits that they have communicated and that they intend to refer to at the hearing.
The conference may also be called and presided over by a person designated by the chief justice who is a retired judge or an advocate with at least 10 years of practice. Years in which a person acquired relevant legal experience may be considered by the chief justice to be years of practice.
The agreements and decisions made at such conference are recorded in minutes signed by the attorneys and countersigned by the person who presided over the pre-trial and, as far as they go, govern the hearing before the trial judge, unless he permits a derogation therefrom to prevent an injustice.
1965 (1st sess.), c. 80, a. 279; 1984, c. 26, s. 11; 1994, c. 28, s. 16.
DIVISION III
SUMMONING WITNESSES
280. The party who wishes a witness to testify may summon him by a writ of subpoena issued by a judge, clerk or advocate of the district where the case is to be heard or any other district and served at least 5 clear days before the appearance. However, the writ intended for a minister or a deputy minister of the Government is served at least 10 clear days before the appearance.
However, in cases of urgency, the judge or clerk may, by special order entered on the writ of subpoena, allow a shorter time for service, but it cannot be made less than 12 hours before the time fixed for appearance.
1965 (1st sess.), c. 80, a. 280; 1977, c. 5, s. 14; 1977, c. 73, s. 9; 1984, c. 46, s. 5; 1992, c. 57, s. 420; 1999, c. 40, s. 56.
281. A witness may be summoned to declare what he knows, to produce some document, or to do both.
1965 (1st sess.), c. 80, a. 281.
282. A person residing in the Province of Ontario may be compelled to appear as a witness, if the judge or the clerk is satisfied that his presence is necessary and if there is not another action between the same parties and for the same cause pending in the Province of Ontario.
Such summons, however, can only be made upon a special order of the judge or the clerk written on the writ of subpoena which must be served in conformity with the law of Ontario, by a person of full age, who must make a return thereof under oath.
1965 (1st sess), c. 80, a. 282; 1975, c. 83, s. 20; 1977, c. 73, s. 10; 1992, c. 57, s. 420.
283. A person in prison can only be summoned on an order from the judge or clerk commanding the warden or goaler, as the case may be, to bring him before the court to give evidence.
1965 (1st sess.), c. 80, a. 283; 1992, c. 57, s. 420.
284. When a person who has been duly summoned and to whom travelling expenses have been advanced fails to appear, the judge, if he is of the opinion that his evidence may be useful, may issue a warrant for his arrest and order that he be imprisoned until he has given evidence, or that he be released on giving good and sufficient security that he will remain at the disposition of the court. The warrant for his arrest issued under this article may be executed by a bailiff.
Examination of a witness detained in custody must begin without undue delay and not later than the eighth day following his arrest.
The judge may, in addition, condemn the person so arrested to pay, in whole or in part, the costs caused by his default.
A defaulting witness who resides in the Province of Ontario can only be punished by the court within whose jurisdiction he resides, upon a certificate of the court attesting his default.
1965 (1st sess.), c. 80, a. 284; 1972, c. 70, s. 14; 1977, c. 73, s. 11; 1990, c. 4, s. 223.
DIVISION IV
ORDER OF TRIAL AND ADJOURNMENT
285. On the day of the trial, if a party does not produce any witnesses and does not justify the absence of those that he wished to have heard, his proof may be declared closed.
1965 (1st sess.), c. 80, a. 285.
286. If a party shows that he has been diligent and makes oath that the absent witness is necessary and that his absence is not due to any contrivance on his part, the case may be adjourned.
However, the opposite party may require him to declare under oath the facts that the defaulting witness would have stated, and may avoid the adjournment by admitting either the truth of such facts or merely that the witness would have so stated.
1965 (1st sess.), c. 80, a. 286.
287. When it is established that a witness, by reason of illness or infirmity, has not been able to attend the trial, the court may order that his evidence be taken by the clerk, if all parties are present or have been duly summoned.
1965 (1st sess.), c. 80, a. 287; 1992, c. 57, s. 420.
288. The court may always grant an adjournment of the case, on such conditions as it determines.
1965 (1st sess.), c. 80, a. 288.
289. The party upon whom the burden of proof lies must proceed first to the examination of his witnesses.
The opposite party then presents his evidence, after which the other party may adduce evidence in rebuttal.
The court may, in its discretion, allow the examination of other witnesses.
1965 (1st sess.), c. 80, a. 289.
290. The judge may, during the trial, order that the court go to the scene in order to make any observation which may assist in the determination of the case; and, for this purpose, he may make such orders as he considers necessary.
1965 (1st sess.), c. 80, a. 290.
291. At the conclusion of the evidence, the party upon whom the burden of proof lies addresses the court first; the opposite party follows; the other party replies, and if he raises a new point of law, his opponent may answer.
No other address can be made, unless with the permissions of the court.
1965 (1st sess.), c. 80, a. 291.
292. At any time before judgment, the presiding judge may draw the attention of the parties to any gap in the proof or in the proceedings and permit them to fill it, on such conditions as he may determine.
1965 (1st sess.), c. 80, a. 292.
DIVISION V
EXAMINATION OF WITNESSES
293. (Repealed).
1965 (1st sess.), c. 80, a. 293; 1992, c. 57, s. 254.
294. Except where otherwise provided, in any contested case the witnesses are examined in open court, the opposite party being present or duly notified.
Any party may demand that the witnesses testify outside each other’s presence.
1965 (1st sess.), c. 80, a. 294.
294.1. The court may accept as statements those that are admissible under the Book on Evidence of the Civil Code of Québec, in particular, a medical report, or an employer’s report on the state of the salary or other benefits of an employee, in lieu of the testimony of the physician or employer who signed it, provided it has been communicated and filed in the record in accordance with the provisions of Sections I and II of Chapter I.1 of this Title. However, in the case of a motion other than a motion to institute proceedings, a copy of the report must be served on the parties at least 10 days before the date of the hearing, unless the court decides otherwise.
If a party requests the presence of a physician or employer at the hearing, the court may condemn such party to the costs, and shall fix the amount thereof, if of the opinion that the filing of the report would have sufficed.
This article applies, mutatis mutandis:
(a)  to the report of a financial institution on the state of the deposits and investments of a person;
(b)  to the report of a member of the Sûreté, of a municipal policeman or of a special constable, as defined in the Police Act (chapter P-13);
(c)  to the report of the Commission des normes du travail or of any person appointed by it, respecting the application of the labour standards enacted by the Act respecting labour standards (chapter N-1.1).
1968, c. 84, s. 2; 1975, c. 83, s. 21; 1977, c. 73, s. 12; 1979, c. 45, s. 159; 1984, c. 26, s. 12; 1992, c. 57, s. 255; 1994, c. 28, s. 17.
295. All persons are competent to testify except those who, because of their physical or mental condition, are not in a fit state to report the facts of which they had knowledge, and any person competent to testify may be compelled to do so.
Relationship, connection by marriage and interest are objections only to the credibility of a witness.
1965 (1st sess.), c. 80, a. 295.
296. A person afflicted with an infirmity which renders him unable to speak, or to hear and speak, may take the oath and testify, either by writing under his hand, or by signs with the aid of an interpreter.
1965 (1st sess.), c. 80, a. 296; 1992, c. 57, s. 256.
297. The bailiff who served the summons cannot testify to any facts or admissions which came to his knowledge after his being charged with service of the summons, except in relation to the service itself.
1965 (1st sess.), c. 80, a. 297; 1996, c. 5, s. 27.
298. Before testifying, the witness must declare his name, age and residence.
1965 (1st sess.), c. 80, a. 298; 1986, c. 95, s. 63.
299. No person may testify, under the penalty of the nullity of his deposition, unless he swears that he will tell the truth.
In all cases, the court must see to it that the form of the oath, which consists in making the solemn affirmation to tell the truth, the whole truth and nothing but the truth, is read to the witness in such a way as to be well understood by him.
1965 (1st sess.), c. 80, a. 299; 1986, c. 95, s. 64; 1992, c. 57, s. 257.
300. (Repealed).
1965 (1st sess.), c. 80, a. 300; 1992, c. 57, s. 258.
301. (Repealed).
1965 (1st sess.), c. 80, a. 301; 1992, c. 57, s. 259.
302. Any person present at the trial may be required to testify and is bound to answer as if he had been regularly summoned.
1965 (1st sess.), c. 80, a. 302.
303. A witness who is present cannot refuse to testify under pretext that his travelling expenses have not been advanced to him.
1965 (1st sess.), c. 80, a. 303.
304. A refusal to take an oath constitutes a refusal to testify.
1965 (1st sess.), c. 80, a. 304; 1992, c. 57, s. 260.
305. To facilitate the examination of a witness, the judge may retain the services of an interpreter, whose remuneration forms part of the costs of the case.
However, the Minister of Justice assumes that remuneration in the judicial districts of Abitibi and Roberval, if one of the parties benefits by the agreement contemplated in the Act approving the Agreement concerning James Bay and Northern Québec (chapter C-67), and in the judicial district of Mingan, if one of the parties benefits by the agreement contemplated in the Act approving the Northeastern Québec Agreement (chapter C-67.1).
1965 (1st sess.), c. 80, a. 305; 1977, c. 73, s. 13; 1979, c. 37, s. 14; 1981, c. 14, s. 12.
306. The witness is examined by the party producing him or by his counsel. The questions must deal with the facts in issue only; they must not be put in such a way as to suggest the desired answer, unless the witness evidently attempts to elude a question or to favour another party, or unless, being himself a party to the suit, he has interests opposed to the party who is questioning him.
1965 (1st sess.), c. 80, a. 306.
307. A witness cannot be compelled to divulge any communication made to him or her by his or her consort during the marriage.
1965 (1st sess.), c. 80, a. 307.
308. Similarly, Government officials cannot be obliged to divulge what has been revealed to them in the exercise of their functions provided that the judge is of the opinion, for reasons set out in the affidavit of the Minister or deputy minister to whom the witness is answerable, that the disclosure would be contrary to public order.
1965 (1st sess.), c. 80, a. 308; 1975, c. 6, s. 96.
309. A witness cannot refuse to answer for the reason that his reply might tend to incriminate him or to expose him to a legal proceeding of any kind; but if he objects on that ground, his reply cannot be used against him in any penal proceedings instituted under any law of Québec.
1965 (1st sess.), c. 80, a. 309.
310. A party cannot impeach the credit of a witness produced by himself, but he may prove by others the contrary of what such witness has stated, or, by leave of the court, he may prove that at another time he has made statements inconsistent with his present testimony, provided, in the latter case, that the witness be first questioned upon the subject.
1965 (1st sess.), c. 80, a. 310.
311. A witness who has in his possession any document touching the matter in issue is bound to produce it on demand. Except in the case of an authentic writing, he must allow copies, extracts or reproductions to be made which, when certified by the clerk, have the same probative effect as the original.
1965 (1st sess.), c. 80, a. 311; 1992, c. 57, s. 420.
312. The court may order a party to exhibit before the court, or at any other convenient place and time, any real evidence in his possession which witnesses are called upon to identify; if the party fails to obey the order, the identity of the real evidence is deemed to be established against him, unless the court relieves him from his default before judgment is rendered.
A judge may also order a witness in possession of any real evidence connected with the litigation to produce it.
1965 (1st sess.), c. 80, a. 312; 1992, c. 57, s. 261; 1994, c. 28, s. 18.
313. A witness who, without valid reason, refuses to answer, is guilty of contempt of court, as is he who, having in his possession some real evidence connected with the litigation, refuses to produce it.
1965 (1st sess.), c. 80, a. 313; 1994, c. 28, s. 19.
314. When a party has ceased examining a witness he has produced, any other party with opposing interests may cross-examine such witness on all the facts in issue and may also establish in any manner whatever grounds he may have for objecting to such witness.
1965 (1st sess.), c. 80, a. 314.
315. A witness may be heard again by the party who produced him, either to be examined on new facts elicited by the cross-examination or to explain his answers to the questions put by another party.
1965 (1st sess.), c. 80, a. 315.
316. If the examination of a witness cannot be completed on the day he appears, he is bound to attend on the next following juridical day, or on such other day as is indicated to him by the court and entered in the minutes of trial. His default renders him liable to the same penalties as for refusing to attend upon the subpoena.
1965 (1st sess.), c. 80, a. 316.
317. A witness who withdraws without the permission of the court is subject to the same penalties as he who refuses to attend upon the subpoena.
1965 (1st sess.), c. 80, a. 317.
318. The judge may ask the witness any question he deems useful according to the rules of evidence.
1965 (1st sess.), c. 80, a. 318.
319. (Repealed).
1965 (1st sess.), c. 80, a. 319; 1992, c. 57, s. 262.
320. (Repealed).
1965 (1st sess.), c. 80, a. 320; 1992, c. 57, s. 262.
321. A writ of subpoena must indicate, in easily legible type, the right of the witness to require taxation for his costs and expenses according to the tariff fixed by the Government.
1965 (1st sess.), c. 80, a. 321; 1968, c. 84, s. 3; 1983, c. 28, s. 10.
322. A witness in favour of whom taxation has been made may execute for it, as under a judgment, against the party who summoned him.
1965 (1st sess.), c. 80, a. 322.
323. A party cannot recover the costs of more than five witnesses heard upon the same fact, unless the judge orders otherwise.
1965 (1st sess.), c. 80, a. 323.
DIVISION VI
TAKING DEPOSITIONS OF WITNESSES
324. In any case susceptible of appeal pleno jure, the depositions are taken by stenography or recorded in such other manner as may be authorized by the Government.
In any other case susceptible of appeal, the judge may order that such depositions be taken by stenography or so recorded.
1965 (1st sess.), c. 80, a. 324; 1969, c. 80, s. 6.
325. The court may order that the stenographer’s notes be read to the witness and, if necessary, that they be corrected in open court.
The stenographer must read out his notes whenever the judge so requires.
1965 (1st sess.), c. 80, a. 325.
326. The stenographer’s notes are transcribed only when the judge so orders or in case of appeal; the cost of such transcription forms part of the costs of the case. In the first case, each party advances the cost of transcribing the depositions of his own witnesses; in the second case, all the costs of transcription are advanced by the appellant.
1965 (1st sess.), c. 80, a. 326.
327. The stenographer certifies under his oath of office the correctness of his notes and of their transcription.
At the commencement of each deposition, he must mention the name of the judge presiding at the trial, the designation of the parties, the names, age, occupation and residence of the witness, and the fact of his having been sworn.
1965 (1st sess.), c. 80, a. 327; 1999, c. 40, s. 56.
328. The stenographer must observe the rules of practice enacted to ensure the preservation of his notes.
1965 (1st sess.), c. 80, a. 328.
329. The judge may, with the consent of the parties, permit a deposition to be taken down in writing, either word for word or in summary; the deposition thus taken is read to the witness, who signs it if he acknowledges it to be correct.
1965 (1st sess.), c. 80, a. 329.
330. The person who takes down the depositions must note the objections of the parties, as well as the decisions thereon.
1965 (1st sess.), c. 80, a. 330.
331. The admissions made orally by the parties must be noted by the judge or clerk. Such notes, signed by the person who has taken them, are proof of their contents as if they had been signed by the parties themselves.
1965 (1st sess.), c. 80, a. 331; 1992, c. 57, s. 420; 1999, c. 40, s. 56.
CHAPTER I.1
EXHIBITS
1994, c. 28, s. 20.
DIVISION I
COMMUNICATION OF EXHIBITS
1994, c. 28, s. 20.
331.1. A party who intends to refer at the hearing to an exhibit in his possession, whether the exhibit be real evidence or a document, including the whole or an abstract of testimony, an expert’s report or any other document referred to in articles 294.1, 398.1, 398.2, 399.2 and 402.1, must communicate it to any other party to the proceedings, in accordance with the provisions of this Section.
1994, c. 28, s. 20.
§ 1.  — Rules applicable to actions introduced by declaration
1994, c. 28, s. 20; 1996, c. 5, s. 28.
331.2. In proceedings introduced by declaration, the exhibits must be disclosed by way of a notice sent to the parties.
Disclosure is not required if a copy of the exhibits is provided to the parties.
In the case of an exhibit in support of a written proceeding, the notice or the copy, as the case may be, must be attached to the proceeding being served.
1994, c. 28, s. 20; 1996, c. 5, s. 29.
331.3. A party receiving a disclosure notice may make a written request for a copy of or access to the exhibits disclosed. If the request is not complied with within 10 days after it is received, the party having made the request may, by motion, apply to the court to secure compliance with the request.
Where the judgment granting the motion directs a party to provide a copy of or access to the exhibits within a determined period of time and the party fails to comply, the party having presented the motion may, upon expiry of the period of time, obtain the dismissal of the application or defence or the striking of the allegations involved.
1994, c. 28, s. 20.
331.4. The time allowed for contestation does not run against a party who has requested a copy of or access to an exhibit disclosed to him until the request is complied with.
1994, c. 28, s. 20.
331.5. A party who, given the circumstances, cannot reasonably provide a copy of the exhibits to the party making the request is bound to give him access to the exhibits by other means. In case of disagreement between the parties, a judge may be requested to determine a communication procedure and, if expedient, the time limit for communication.
1994, c. 28, s. 20.
§ 2.  — Rules applicable to actions introduced by motion and applications presented during proceedings
1994, c. 28, s. 20.
331.6. In proceedings introduced by motion and in the case of applications presented during the proceedings, communication of exhibits other than real evidence is effected by providing a copy of the exhibits to the parties. Unless otherwise provided, the copy is provided, in the case of the applicant, upon service of the motion and, in other cases, as soon as possible before the motion is presented. Communication of real evidence is effected by providing access to it as soon as possible before the motion is presented.
If circumstances warrant it, a judge may, upon an oral request, determine a different communication procedure and, if expedient, determine the time limit for communication.
1994, c. 28, s. 20.
DIVISION II
FILING OF EXHIBITS
1994, c. 28, s. 20.
331.7. The parties may file their exhibits in the record only at the time of the hearing. However, where the proceeding is a case inscribed for judgment by the clerk or an application to be heard by the latter or, if there is no hearing, a case inscribed for proof and hearing under article 195, the exhibits must be filed at the office of the court when the case is inscribed or when the application is presented, as the case may be. These provisions apply unless otherwise prescribed in this Code.
The person presiding over a pre-trial conference or assigned to the hearing may, however, require that a copy of the exhibits be provided to him before the hearing.
1994, c. 28, s. 20.
331.8. In proceedings introduced by declaration, exhibits must have been communicated not later than 60 days after the notice of inscription is served by one of the parties or, where the rules of practice provide for the issue of a certificate of readiness, not later than 60 days after a declaration of inscription on the roll for hearing is served by any party, failing which exhibits may be filed only with the authorization of the court.
In proceedings introduced by motion and in the case of applications presented during the proceedings, exhibits must have been communicated in accordance with the provisions of article 331.6, failing which exhibits may be filed only with the authorization of the court.
1994, c. 28, s. 20; 1996, c. 5, s. 30.
DIVISION III
RETRIEVAL AND DESTRUCTION OF EXHIBITS
1994, c. 28, s. 20.
331.9. Once proceedings are terminated, the parties must retrieve the exhibits they have filed, failing which the exhibits are destroyed by the clerk one year after the date of the judgment or of the proceeding terminating the proceedings, unless the chief justice or chief judge decides otherwise.
Where a party, on whatever grounds, seeks a remedy against a judgment, the exhibits that have not been retrieved by the parties are destroyed by the clerk one year after the date of the final judgment or of the proceeding terminating the proceedings, unless the chief justice or chief judge decides otherwise.
1994, c. 28, s. 20.
332. (Repealed).
1965 (1st sess.), c. 80, a. 332; 1976, c. 9, s. 56.
333. (Repealed).
1965 (1st sess.), c. 80, a. 333; 1976, c. 9, s. 56.
334. (Repealed).
1965 (1st sess.), c. 80, a. 334; 1976, c. 9, s. 56.
335. (Repealed).
1965 (1st sess.), c. 80, a. 335; 1976, c. 9, s. 56.
336. (Repealed).
1965 (1st sess.), c. 80, a. 336; 1976, c. 9, s. 56.
337. (Repealed).
1965 (1st sess.), c. 80, a. 337; 1976, c. 9, s. 56.
338. (Repealed).
1965 (1st sess.), c. 80, a. 338; 1976, c. 9, s. 56.
339. (Repealed).
1965 (1st sess.), c. 80, a. 339; 1976, c. 9, s. 56.
340. (Repealed).
1965 (1st sess.), c. 80, a. 340; 1976, c. 9, s. 56.
341. (Repealed).
1965 (1st sess.), c. 80, a. 341; 1976, c. 9, s. 56.
342. (Repealed).
1965 (1st sess.), c. 80, a. 342; 1976, c. 9, s. 56.
343. (Repealed).
1965 (1st sess.), c. 80, a. 343; 1976, c. 9, s. 56.
344. (Repealed).
1965 (1st sess.), c. 80, a. 344; 1976, c. 9, s. 56.
345. (Repealed).
1965 (1st sess.), c. 80, a. 345; 1976, c. 9, s. 56.
346. (Repealed).
1965 (1st sess.), c. 80, a. 346; 1976, c. 9, s. 56.
347. (Repealed).
1965 (1st sess.), c. 80, a. 347; 1976, c. 9, s. 56.
348. (Repealed).
1965 (1st sess.), c. 80, a. 348; 1976, c. 9, s. 56.
349. (Repealed).
1965 (1st sess.), c. 80, a. 349; 1976, c. 9, s. 56.
350. (Repealed).
1965 (1st sess.), c. 80, a. 350; 1976, c. 9, s. 56.
351. (Repealed).
1965 (1st sess.), c. 80, a. 351; 1976, c. 9, s. 56.
352. (Repealed).
1965 (1st sess.), c. 80, a. 352; 1976, c. 9, s. 56.
353. (Repealed).
1965 (1st sess.), c. 80, a. 353; 1976, c. 9, s. 56.
354. (Repealed).
1965 (1st sess.), c. 80, a. 354; 1976, c. 9, s. 56.
355. (Repealed).
1965 (1st sess.), c. 80, a. 355; 1976, c. 9, s. 56.
356. (Repealed).
1965 (1st sess.), c. 80, a. 356; 1976, c. 9, s. 56.
357. (Repealed).
1965 (1st sess.), c. 80, a. 357; 1976, c. 9, s. 56.
358. (Repealed).
1965 (1st sess.), c. 80, a. 358; 1976, c. 9, s. 56.
359. (Repealed).
1965 (1st sess.), c. 80, a. 359; 1976, c. 9, s. 56.
360. (Repealed).
1965 (1st sess.), c. 80, a. 360; 1976, c. 9, s. 56.
361. (Repealed).
1965 (1st sess.), c. 80, a. 361; 1976, c. 9, s. 56.
362. (Repealed).
1965 (1st sess.), c. 80, a. 362; 1976, c. 9, s. 56.
363. (Repealed).
1965 (1st sess.), c. 80, a. 363; 1976, c. 9, s. 56.
364. (Repealed).
1965 (1st sess.), c. 80, a. 364; 1976, c. 9, s. 56.
365. (Repealed).
1965 (1st sess.), c. 80, a. 365; 1976, c. 9, s. 56.
366. (Repealed).
1965 (1st sess.), c. 80, a. 366; 1976, c. 9, s. 56.
367. (Repealed).
1965 (1st sess.), c. 80, a. 367; 1976, c. 9, s. 56.
368. (Repealed).
1965 (1st sess.), c. 80, a. 368; 1976, c. 9, s. 56.
369. (Repealed).
1965 (1st sess.), c. 80, a. 369; 1976, c. 9, s. 56.
370. (Repealed).
1965 (1st sess.), c. 80, a. 370; 1976, c. 9, s. 56.
371. (Repealed).
1965 (1st sess.), c. 80, a. 371; 1976, c. 9, s. 56.
372. (Repealed).
1965 (1st sess.), c. 80, a. 372; 1976, c. 9, s. 56.
373. (Repealed).
1965 (1st sess.), c. 80, a. 373; 1976, c. 9, s. 56.
374. (Repealed).
1965 (1st sess.), c. 80, a. 374; 1976, c. 9, s. 56.
375. (Repealed).
1965 (1st sess.), c. 80, a. 375; 1976, c. 9, s. 56.
376. (Repealed).
1965 (1st sess.), c. 80, a. 376; 1976, c. 9, s. 56.
377. (Repealed).
1965 (1st sess.), c. 80, a. 377; 1976, c. 9, s. 56.
378. (Repealed).
1965 (1st sess.), c. 80, a. 378; 1976, c. 9, s. 56.
379. (Repealed).
1965 (1st sess.), c. 80, a. 379; 1976, c. 9, s. 56.
380. (Repealed).
1965 (1st sess.), c. 80, a. 380; 1976, c. 9, s. 56.
381. (Repealed).
1965 (1st sess.), c. 80, a. 381; 1976, c. 9, s. 56.
CHAPTER II
ARBITRATION BY ADVOCATES
382. The court may, at the request of the parties, refer a case to the decision of one or more arbitrators selected by them, who must be practising advocates or retired judges.
The demand for an arbitration must be signed by the parties themselves and must contain the names of the arbitrators, their consent to act and the amount of the remuneration that the parties undertake jointly and severally to pay to them.
1965 (1st sess.), c. 80, a. 382.
383. After having sworn faithfully to carry out their duties, the arbitrators must notify the parties of the day and hour when and the place where the case will be heard. Such notice must be given in writing between the fifteenth and the tenth day before that fixed for the hearing, unless the parties have otherwise agreed.
1965 (1st sess.), c. 80, a. 383.
384. The arbitrators may appoint someone to act as their clerk.
1965 (1st sess.), c. 80, a. 384.
385. The provisions of Sections III, IV, V, and VI of Chapter I of Title V of Book II, as to the summoning and examination of witnesses, the taking down of their evidence and the order of trial, apply to the trial before the arbitrators.
1965 (1st sess.), c. 80, a. 385.
386. The arbitrators must make their award in writing, in the form of a judgment of the court; if they are not unanimous, those who dissent must give their reasons for so doing.
1965 (1st sess.), c. 80, a. 386.
387. The award must, within 30 days of the judgment referring the case to arbitrators, be filed in the office of the court with all documents produced during the hearing, unless the judge has, for valid reason, granted an extension.
1965 (1st sess.), c. 80, a. 387; 1999, c. 40, s. 56.
388. The award has no effect unless homologated by the court, on motion of one of the parties.
The court, seized of such motion, cannot inquire into the merits of the case, but only into the grounds of nullity which may affect the award. If it finds that any formality which has been omitted may be remedied without injustice to the parties, it may make such order as it considers necessary under the circumstances.
1965 (1st sess.), c. 80, a. 388.
389. The award and the judgment of homologation are recorded by the clerk in the ordinary way.
1965 (1st sess.), c. 80, a. 389; 1992, c. 57, s. 420.
390. If the arbitrators delay in hearing the case or do not file their award within the time fixed, the court may either dismiss them and order that the case proceed in the ordinary way, but taking into account any evidence already heard, or make such other order as it considers appropriate; in either case the court adjudicates as to costs according to the circumstances.
1965 (1st sess.), c. 80, a. 390; 1999, c. 40, s. 56.
391. If for any reason which the court considers sufficient an arbitrator has ceased acting before the award is filed, the court may allot him a part of the agreed remuneration.
1965 (1st sess.), c. 80, a. 391.
392. The arbitrators must, in their award, adjudicate as to the costs, including their remuneration, taking into account the provisions of Chapter III of Title VII of Book II.
1965 (1st sess.), c. 80, a. 392.
393. The award, when homologated, may be appealed like any judgment of the Superior Court.
1965 (1st sess.), c. 80, a. 393.
394. The provisions of this chapter do not apply when the parties do not have the power to transact or when some matter of public interest is involved; nor do they apply to applications relating to filiation or to parental authority, to applications for separation as to bed and board, in nullity of marriage or for divorce, for dissolution of legal persons or to annul letters patent.
1965 (1st sess.), c. 80, a. 394; 1982, c. 17, s. 15; 1992, c. 57, s. 263; 1999, c. 40, s. 56.
CHAPTER II.1
REPRESENTATION AND HEARING OF A MINOR OR AN INCAPABLE PERSON OF FULL AGE
1992, c. 57, s. 264.
394.1. Where, in a proceeding, the court ascertains that the interest of a minor or of a person of full age it considers incapable is at stake and that it is necessary for the safeguard of his interest that the minor or incapable person of full age be represented, it may, even of its own motion, adjourn the hearing of the application until an attorney is appointed to represent him.
The court may also make any order necessary to ensure such representation, in particular, rule on the fees payable to the attorney and determine who will be responsible for their payment.
1992, c. 57, s. 264.
394.2. To ensure proper representation of a minor or incapable person of full age, the court must, even of its own motion, in all cases where the interest of the minor or incapable person of full age is opposed to the interest of his legal representative, appoint a tutor or curator ad hoc.
1992, c. 57, s. 264.
394.3. Where the court hears a minor or a person of full age it considers incapable, he may be accompanied by a person capable of assisting or reassuring him.
1992, c. 57, s. 264.
394.4. Where the interest of a minor or incapable person of full age requires it, the court may, after advising the parties, examine him out of the presence of the parties.
The deposition is taken down in stenography or recorded, unless waived by the parties. The minutes of the deposition, a transcript of the stenographer’s notes or a copy of the recording is sent to the parties on request.
1992, c. 57, s. 264.
394.5. Where the interest of a minor or of a person of full age it considers incapable requires it, the court may, after so advising all the parties, hear him where he resides or is confined, or in any other place the court considers appropriate.
1992, c. 57, s. 264.
CHAPTER III
SPECIAL PROCEEDINGS RELATING TO PRODUCTION OF EVIDENCE
DIVISION I
GENERAL PROVISIONS
395. The provisions of Sections III, V and VI of Chapter I and the provisions of Chapter II.1 of this Title govern, in so far as applicable, the cases covered in this chapter.
If any dispute arises during an examination of a witness not before a judge, it must be submitted as soon as possible to a judge for his decision, unless the parties agree to continue the examination under reserve of the objection, which is later decided by the trial judge.
1965 (1st sess.), c. 80, a. 395; 1992, c. 57, s. 265.
396. Subject to article 398.1, the depositions taken by virtue of this chapter form part of the record.
If the witness is in Québec and can be produced at the trial, he may be examined again, if any party so requires.
1965 (1st sess.), c. 80, a. 396; 1983, c. 28, s. 11.
DIVISION II
EXAMINATION ON DISCOVERY, MEDICAL EXAMINATION AND PRODUCTION OF DOCUMENTS
§ 1.  — Examination on Discovery
397. The defendant may, before the filing of the defence and after one clear day’s notice to the attorneys of the other parties, summon to be examined before the judge or clerk upon all facts relating to the issues between the parties or to give communication and allow copy to be made of any document relating to the issues:
(1)  the plaintiff, or his representative, agent or employee;
(2)  in any civil liability action, the victim, and any person involved in the commission of the act which caused the injury;
(3)  the person for whom the plaintiff claims as tutor or curator, or for whom he acts as prête-nom, or whose rights he has acquired by transfer, subrogation or other similar title;
(4)  with the permission of the court and on such conditions as it may determine, any other person.
The examination must be held within the time allowed for the filing of the defence, unless the permission of the judge, clerk or, in the case referred to in subparagraph 4 of the first paragraph, the court, is obtained.
1965 (1st sess.), c. 80, a. 397; 1966, c. 21, s. 9; 1969, c. 81, s. 7; 1983, c. 28, s. 12; 1984, c. 26, s. 13; 1992, c. 57, s. 420; 1999, c. 40, s. 56.
398. After defence filed, any party may, after one clear day’s notice to the attorneys of the other parties, summon to be examined before the judge or clerk upon all facts relating to the issues between the parties or to give communication and allow copy to be made of any document relating to the issue:
(1)  any other party, or his representative, agent or employee;
(2)  any person mentioned in paragraphs 2 and 3 of article 397;
(3)  with the permission of the court and on such conditions as it may determine, any other person.
The defendant cannot, however, without permission of the judge or, in the case referred to in subparagraph 3 of the first paragraph, the court, examine under this article any person whom he has already examined under article 397.
1965 (1st sess.), c. 80, a. 398; 1983, c. 28, s. 13; 1984, c. 26, s. 14; 1992, c. 57, s. 420; 1999, c. 40, s. 56.
398.1. A party having examined witnesses under article 397 or 398 may introduce as evidence the whole or abstracts only of the depositions taken, provided they have been communicated and filed in the record in accordance with the provisions of Sections I and II of Chapter I.1 of this Title.
However, on the motion of any other party, the court may order any abstract of the deposition which, in its opinion, cannot be dissociated from the abstracts already filed, to be added to the record.
1983, c. 28, s. 14; 1984, c. 26, s. 15; 1994, c. 28, s. 21.
398.2. Article 398.1 applies also in the case of an examination made under article 93. However, in the case of a motion other than a motion to institute proceedings, the whole or the abstracts of the depositions that one of the parties intends to file must be served on the other parties at least 10 days before the date of the hearing unless the court decides otherwise.
1984, c. 26, s. 16; 1994, c. 28, s. 22.
§ 2.  — Medical Examination
399. In any case susceptible of appeal, when there is in issue the physical or mental condition of any party or of the person who suffered the injury which has given rise to the action, a party may summon at his expense such person by writ of subpoena to have a medical examination. Such writ must indicate the place where, and the day and hour when the person summoned must attend and the names of the experts entrusted with making the examination; it must be served at least 10 days before the date fixed for the examination, with a notice to the attorney of the person summoned.
If the person examined so wishes, experts chosen by him may attend such examination.
The judge may however, on motion, for reasons considered valid, quash a writ issued under this article or amend its content.
1965 (1st sess.), c. 80, a. 399; 1969, c. 81, s. 8; 1972, c. 70, s. 15; 1992, c. 57, s. 266.
399.1. When a person has a medical examination in accordance with article 399, the judge may, on motion, order such person to have another medical examination by one or more experts designated by the applicant, at his expense.
The examination is held on the date, at the place and under the conditions determined in the judgment which orders it, and, if the person examined so wishes, in the presence of experts chosen by him.
1972, c. 70, s. 15.
399.2. Notwithstanding the provisions contained in Section I of Chapter I.1 of this Title that pertain to the communication of exhibits, in the case of a motion other than a motion to institute proceedings, a copy of the reports must be served on the parties at least 10 days before the date of the hearing, unless the court decides otherwise.
1984, c. 26, s. 17; 1994, c. 28, s. 23.
400. The court may order an establishment governed by the Acts respecting health services and social services to allow a party to examine and make a copy of the medical record of the person examined or a person whose death has given rise to an action in civil liability.
1965 (1st sess.), c. 80, a. 400; 1972, c. 70, s. 16; 1992, c. 57, s. 267.
§ 3.  — Production of Documents
401. (Repealed).
1965 (1st sess.), c. 80, a. 401; 1983, c. 28, s. 15.
402. If, after defence filed, it appears from the record that a document relating to the issues between the parties is in the possession of a third party, he may, upon summons authorized by the court, be ordered to give communication of it to the parties, unless he shows cause why he should not do so.
The court may also, at any time after defence filed, order a party or a third person having in his possession any real evidence relating to the issues between the parties to exhibit it, preserve it or submit it to an expert’s appraisal on such conditions, at such time and place and in such manner as it deems expedient.
1965 (1st sess.), c. 80, a. 402; 1992, c. 57, s. 268; 1994, c. 28, s. 24.
402.1. Except with leave of the court, no expert witness may be heard unless his written report has been communicated and filed in the record in accordance with the provisions of Sections I and II of Chapter I.1 of this Title. However, in the case of a motion other than a motion to institute proceedings, a copy of the report must be served on the parties at least 10 days before the date of the hearing, unless the court decides otherwise.
The filing in the record of the whole or abstracts only of the out of court testimony of an expert witness may stand in lieu of his written report.
1972, c. 70, s. 17; 1975, c. 83, s. 22; 1984, c. 26, s. 18; 1994, c. 28, s. 25.
403. After the filing of the defence, a party may, by notice in writing, call upon the opposite party to admit the genuineness or correctness of an exhibit. A copy of the exhibit must be attached to the notice, except where the exhibit has already been communicated or in the case of real evidence; in the case of real evidence, the exhibit shall be put at the disposal of the opposite party.
The genuineness or correctness of the exhibit is deemed admitted unless, within 10 days or such time as the judge may fix, the party called upon to admit its genuineness or correctness serves on the other party a sworn statement denying that the exhibit is genuine or correct, or specifying the reasons why he cannot so admit. However, if the ends of justice so require, the court may, before judgment is rendered, relieve the party of his default.
The unjustified refusal to admit the genuineness or correctness of an exhibit may result in a condemnation to the costs resulting therefrom.
1965 (1st sess.), c. 80, a. 403; 1992, c. 57, s. 269; 1994, c. 28, s. 26.
DIVISION III
EXAMINATION OF WITNESSES OUT OF COURT
404. At any stage of the case, the parties may agree, or the court, if it sees fit to do so, may permit that a witness be heard out of court, provided that all the parties are present or duly summoned.
Depositions must in that case be made by way of affidavits sufficiently detailed to establish all the facts necessary to support the conclusions sought or be taken down by stenography or in handwriting before a person authorized to administer oaths and be filed in the record to have the same force and effect as if they had been taken at the hearing.
Notwithstanding the foregoing, the court cannot maintain an application for the annulment of marriage nor, where the defendant has filed his defence, an application for separation as to bed and board or for divorce unless the evidence of the plaintiff has been given before the court.
1965 (1st sess.), c. 80, a. 404; 1968, c. 84, s. 4; 1982, c. 17, s. 16; 1986, c. 85, s. 2; 1988, c. 17, s. 3.
DIVISION IV
INTERROGATORIES UPON ARTICULATED FACTS
405. After the filing of the defence or the filing of the inscription in the case of default to appear or to plead, the parties may be examined upon all articulated facts.
1965 (1st sess.), c. 80, a. 405; 1992, c. 57, s. 271.
406. Parties are summoned to answer the interrogatories upon articulated facts by means of an order of the clerk, obtained upon oral request, which requires the party to appear in person before the court, the judge or the clerk, to answer under oath the interrogatories which are annexed to the order.
1965 (1st sess.), c. 80, a. 406; 1992, c. 57, s. 420; 1996, c. 5, s. 31.
407. The order to appear and the interrogatories shall be served upon the party personally or at his residence and copies of both are left with his attorney.
1965 (1st sess.), c. 80, a. 407.
408. If the party cannot be served or does not reside within the jurisdiction of the court, the order may be served upon him at the office of his attorney or, if he has no attorney, in the manner determined by the judge.
The attorney who is thus served may apply to have time granted to the party to appear; he may also, if he declares the place where the party is, ask that he be examined before the clerk of the district where he is, or under a rogatory commission.
1965 (1st sess.), c. 80, a. 408; 1992, c. 57, s. 420; 1996, c. 5, s. 32; 1999, c. 40, s. 56.
409. When the order and interrogatories are served upon a legal person, general or limited partnership or an association within the meaning of the Civil Code, the answers may be either given by any person who holds a general or special authorization for that purpose, or determined by a special resolution and filed in the record by a person authorized.
1965 (1st sess.), c. 80, a. 409; 1992, c. 57, s. 273.
410. The interrogatories must be clear and precise, so that the absence of an answer can be taken as an admission of the facts mentioned therein.
1965 (1st sess.), c. 80, a. 410.
411. The default of the party to appear or to answer the interrogatories put to him is recorded against him, and the facts covered by the interrogatories are then held to be proved.
The court may nevertheless require additional evidence. It may also, for cause shown and upon such conditions as it thinks fit, relieve the party of his default and allow him to answer the interrogatories.
1965 (1st sess.), c. 80, a. 411; 1983, c. 28, s. 16.
412. The answers to the interrogatories are taken down in writing and signed by the party; they must be direct, categorical and precise, failing which they may be rejected and the facts covered by the interrogatories held to be proved.
1965 (1st sess.), c. 80, a. 412.
413. The judge, or the person before whom the party is summoned to appear, may put any other interrogatories he may deem necessary and pertinent, which the party must answer, failing which the facts covered by such interrogatories are also held to be proved.
This article does not apply when the party summoned is a legal person and its answers have been determined by a special resolution.
1965 (1st sess.), c. 80, a. 413; 1992, c. 57, s. 274.
DIVISION V
PROOF BEFORE EXPERTS AND REFERENCES TO AUDITORS AND PRACTITIONERS
§ 1.  — General Provisions
414. After issue joined, the court, if it is of opinion that the ends of justice will be better attained, may, even of its own motion:
(1)  order that any fact relating to the case be investigated, verified and determined by an expert whom it designates;
(2)  refer to an accountant or practitioner the establishing or auditing of accounts or figures in any matter where accounts have to be rendered or settled and which require calculations to be made, or involve a partition of property.
1965 (1st sess.), c. 80, a. 414.
415. The court may, exceptionally, if in its opinion the difficulty and importance of the case so require, appoint three experts, or three accountants or practitioners, rather than only one.
1965 (1st sess.), c. 80, a. 415.
§ 2.  — Experts
416. The judgment appointing an expert must state clearly the duties of the person appointed and the time within which he must file his report.
The clerk must, without delay, send to the person appointed a copy of the judgment.
1965 (1st sess.), c. 80, a. 416; 1992, c. 57, s. 420; 1999, c. 40, s. 56.
417. The grounds for recusing an expert are the same as those provided for judges in article 234.
Recusation is urged by motion, and if it is held to be well founded the court replaces the person recused.
1965 (1st sess.), c. 80, a. 417.
418. The expert, before entering upon his functions, must be sworn in writing before the judge or clerk to perform his duties faithfully and impartially. If he refuses or neglects to be sworn or to carry out his duties, any of the parties may request the court to replace him.
1965 (1st sess.), c. 80, a. 418; 1992, c. 57, s. 420.
419. The expert must give the parties at least five days’ notice of the time and place at which he will begin to carry out his instructions.
1965 (1st sess.), c. 80, a. 419.
420. The expert may examine any thing or visit any place which he considers useful for the carrying out of his duties.
He may summon witnesses by means of subpoenas issued by the clerk, administer the oath to them and hear their depositions which are taken down in writing and signed by the witness and countersigned by the expert, unless they have been taken down by a stenographer duly sworn. Mention must be made in the minutes of the relationship of the witnesses with the parties, and of the interest of each in the suit.
1965 (1st sess.), c. 80, a. 420; 1992, c. 57, s. 420.
421. The expert must, before the expiry of the time fixed by the court, file in the office of the court a signed report of his proceedings and conclusions, to which is annexed evidence of his having been sworn and the documents and testimony which he has taken.
The report must be sufficiently reasoned and detailed to enable the court to appreciate the facts.
If there are several experts and they are unanimous, they may make one and the same report.
1965 (1st sess.), c. 80, a. 421; 1999, c. 40, s. 56.
422. The expert may demand that the amount of his remuneration, costs and disbursements be deposited in court before the opening of his report.
If such deposit is not demanded, the expert has a joint and several recourse against all the parties to the suit for what is due him.
1965 (1st sess.), c. 80, a. 422.
423. A party may request that the expert’s report be rejected on the ground of irregularity or nullity. Unless the report is so questioned and rejected it forms, with the depositions and documents attached, part of the evidence in the case.
The court is, however, not bound to adopt the opinion of the expert.
1965 (1st sess.), c. 80, a. 423.
424. An expert who refuses or unduly delays to file his report, is guilty of contempt of court.
1965 (1st sess.), c. 80, a. 424.
§ 3.  — Reference to Auditors and practitioners
425. Auditors and practitioners have the powers and are subject to the rules prescribed concerning experts, so far as applicable; they are bound to follow the directions of the court.
1965 (1st sess.), c. 80, a. 425.
DIVISION VI
COMMISSION FOR THE EXAMINATION OF WITNESSES
426. The court may, on application, appoint a commissioner to receive the testimony of any person who resides outside Québec or in a place too far distant from the place where the case is pending.
1965 (1st sess.), c. 80, a. 426.
427. The motion for a rogatory commission must be served on all the parties and, except under particular circumstances left to the discretion of the court, must be presented within 15 days after issue joined. It must contain the names of the proposed commissioner and of the persons to be examined.
1965 (1st sess.), c. 80, a. 427.
428. Any party may join in the application and submit the name of a commissioner and that of any other witness whom he wishes to have examined.
1965 (1st sess.), c. 80, a. 428.
429. The judgment which appoints a commissioner determines the witnesses to be examined and the manner in which they will be sworn, gives the instructions necessary to guide the commissioner in the carrying out of his duties and fixes the time within which the commission is to be returned. It may also fix an amount to cover the costs and disbursements of the commissioner, and order the applicant to deposit it with the clerk.
1965 (1st sess.), c. 80, a. 429; 1992, c. 57, s. 420; 1999, c. 40, s. 56.
430. The commission for the examination of a person on active service in Her Majesty’s armed forces outside Québec shall be addressed to the Judge-Advocate General to be executed by a person designated by him.
1965 (1st sess.), c. 80, a. 430.
431. The party who applies for a commission, and any parties who have joined in obtaining it, must see that it is transmitted and executed promptly.
1965 (1st sess.), c. 80, a. 431.
432. Any party wishing to be represented at the examination shall so advise the commissioner in good time and give him the name and address of a person who will represent him. The commissioner shall then give such person at least five days’ notice of the time and place of such examination.
1965 (1st sess.), c. 80, a. 432.
433. Any party, if he sees fit to do so, may, after notice to the other parties, have interrogatories and cross-interrogatories admitted by the court and attached to the commission.
In any event, whether or not there are interrogations formulated beforehand, the commissioner may put, and must allow the parties to put, any questions relevant to the case; he shall reserve any objections made by the parties to the evidence, but the parties have always the right not to raise such objections except before the court.
1965 (1st sess.), c. 80, a. 433.
434. The depositions are recorded in writing and signed by the witness and the commissioner, unless they are taken by a stenographer duly sworn.
1965 (1st sess.), c. 80, a. 434.
435. The commissioner is authorized to make a copy of any document exhibited by a witness who refuses to part with it.
1965 (1st sess.), c. 80, a. 435.
436. Within the time fixed in the judgment, the commissioner shall return to the clerk by registered or certified mail a certificate indorsed upon the commission attesting that he has carried out his duties as set forth in the minutes which he attaches and to which are attached the written depositions of the witnesses and the exhibits they have produced. Such return must be sealed and be indorsed with an indication of its contents and the title of the case.
1965 (1st sess.), c. 80, a. 436; 1975, c. 83, s. 23; 1992, c. 57, s. 420; 1999, c. 40, s. 56.
437. Unjustified failure to return the commission cannot prevent the court from proceeding with the trial.
1965 (1st sess.), c. 80, a. 437.
DIVISION VII
TRIAL IN ANOTHER DISTRICT
437.1. When issue is joined, the chief justice or chief judge or the judge designated by him may order that proof and hearing in any case take place in another district, at the place where the court sits and before the judge who presides over such court, in order that judgment may be rendered there.
The parties may proceed in such other district as if the case were pending there, five days after the clerk of such district has received the record.
1969, c. 80, s. 7; 1992, c. 57, s. 420; 1996, c. 5, s. 33.
CHAPTER IV
PERPETUATION OF EVIDENCE
438. Anyone who, expecting to be a party to a legal proceeding, has reason to fear that some evidence that he will need may become lost or more difficult to present may, by motion, ask:
(a)  that the witnesses whose absence or incapacity he fears be heard before the hearing;
(b)  that anything movable or immovable, the condition of which may affect the outcome of the expected legal proceeding, be examined by a person of his choice.
1965 (1st sess.), c. 80, a. 438.
439. The motion must, in addition to the designation of the applicant and of his eventual opponent, contain:
(a)  a statement of the facts which make a legal proceeding seem likely, and its nature;
(b)  the reasons for which the applicant fears that the evidence may be lost or become more difficult to present;
(c)  the names and addresses of the witnesses to be heard, the facts upon which they will be questioned, the description and location of the thing to be examined, the purpose of the examination, and the names and address of the person who is to make it.
1965 (1st sess.), c. 80, a. 439.
440. Any person who carries out on an immovable work which may damage a neighbouring immovable may ask for the examination of the latter without fulfilling the conditions of article 438. In such case, the information required by subparagraphs a and b of article 439 is not necessary.
1965 (1st sess.), c. 80, a. 440.
441. The motion is addressed to the court before which the legal proceeding foreseen by the applicant may be brought, and must be served upon the eventual opponent and upon the person in possession of the thing to be examined, at least five days before the date fixed for its presentation.
1965 (1st sess.), c. 80, a. 441.
442. If the motion is granted, the hearing of the witnesses and the examination provided for by article 438 take place at the time and place fixed in the judgment or agreed upon by the parties, who must be present or duly called.
The hearing of the witnesses, which takes place before the clerk unless the court otherwise orders, is governed by the provisions of Chapter I and Chapter II.1 of this Title so far as they are applicable.
1965 (1st sess.), c. 80, a. 442; 1992, c. 57, s. 275, s. 420.
443. Anyone who interferes with an examination authorized under this chapter is liable to the same penalties as a person who refuses to obey an order of the court.
1965 (1st sess.), c. 80, a. 443.
444. The depositions are retained by the clerk, for use in the expected legal proceeding for which they have been taken. When such proceeding is instituted, any party may ask that the depositions be filed in the record; but if the witnesses so heard can then be produced any party may ask that they be examined anew.
1965 (1st sess.), c. 80, a. 444; 1992, c. 57, s. 420.
445. The hearing of the witnesses in virtue of the provisions of this chapter does not affect any ground of objection that any party may later raise against the admissibility of the evidence so taken.
1965 (1st sess.), c. 80, a. 445.
446. The costs incurred by the application of the provisions of this chapter are paid by the applicant. However, if the legal proceeding for which a deposition has been taken is instituted, the cost of the deposition will form part of the costs of the case if it is filed in the record because of the absence of the deponent or at the demand of a party other than the one who had the deposition taken.
1965 (1st sess.), c. 80, a. 446.
447. No appeal lies from any judgment rendered under this chapter.
1965 (1st sess.), c. 80, a. 447.
TITLE VI
DECISION UPON A QUESTION OF LAW: DECLARATORY JUDGMENT ON MOTION
CHAPTER I
DECISION UPON A QUESTION OF LAW
448. Persons who are at variance upon a question of law which may give rise to an action between them, but who are in agreement as to the facts, may submit the dispute to the court for decision, by filing in the office of the court a joint motion containing a statement of the question of law involved and of the facts which give rise to it, and their respective conclusions.
1965 (1st sess.), c. 80, a. 448; 1982, c. 17, s. 17; 1992, c. 57, s. 276; 1996, c. 5, s. 36.
449. The motion must be accompanied by an affidavit of each of the parties stating that the dispute is real and that the facts which give rise to it are true.
1965 (1st sess.), c. 80, a. 449; 1996, c. 5, s. 37.
450. The rules of Title II of Book V concerning certain proceedings relating to persons and property, adapted as required, apply to an application for a decision on a question of law.
1965 (1st sess.), c. 80, a. 450; 1996, c. 5, s. 38.
451. A judgment rendered under this chapter has the same effects and is subject to the same remedies as any other final judgment.
1965 (1st sess.), c. 80, a. 451; 1996, c. 5, s. 39.
452. The parties to an action may, at any stage of the case, submit for the decision of the court any question of law resulting from the action, upon conforming to the requirements of articles 448 and 449.
1965 (1st sess.), c. 80, a. 452.
CHAPTER II
DECLARATORY JUDGMENT ON MOTION
453. Any person who has an interest in having determined immediately, for the solution of a genuine problem, either his status or any right, power or obligation which he may have under a contract, will or any other written instrument, statute, order in council, or resolution or by-law of a municipality, may, by motion to the court, ask for a declaratory judgment in that regard.
1965 (1st sess.), c. 80, a. 453; 1992, c. 57, s. 277.
454. The motion, supported by an affidavit, must set forth the matter in dispute and the interest of the applicant in obtaining an immediate decision thereon. It must be served upon all interested persons and all parties to the document at least 10 days before the date fixed for its presentation.
1965 (1st sess.), c. 80, a. 454.
455. The court seized of the motion may, if it thinks fit, allow a contestation in writing, or order the trial of any questions which it considers useful for the solution of the problems raised in the motion.
1965 (1st sess.), c. 80, a. 455.
456. A declaratory judgment rendered in accordance with this chapter has the same effect and is subject to the same recourses as any other final judgment.
1965 (1st sess.), c. 80, a. 456; 1969, c. 80, s. 8.
TITLE VII
JUDGMENT
CHAPTER I
ACQUIESCENCE IN A DEMAND
1982, c. 17, s. 18.
457. Except in actions for separation as to bed and board, in nullity of marriage or for divorce or actions relating to filiation, the defendant may, at any stage of the proceedings, file in the office of the court an acquiescence in the whole or any part of the demand.
1965 (1st sess.), c. 80, a. 457; 1982, c. 17, s. 19.
458. Acquiescence must be in writing and signed by the defendant or by his attorney, who must annex thereto the special power of attorney he holds for that purpose.
If the defendant appears at the office of the court to have his acquiescence taken down in writing, and is unknown to the clerk, the latter must require him to produce a copy of the summons, the counter-signature of his attorney, or some other satisfactory proof of his identity.
1965 (1st sess.), c. 80, a. 458; 1982, c. 17, s. 20; 1992, c. 57, s. 420.
459. If acquiescence is unconditional in the whole of the demand, the clerk renders judgment immediately on inscription by one of the parties.
1965 (1st sess.), c. 80, a. 459; 1982, c. 17, s. 21; 1992, c. 57, s. 420.
460. If acquiescence is not unconditional in the whole of the demand, the plaintiff must, within 15 days after the service of the acquiescence upon him, give notice to the defendant of his acceptance or refusal.
In case of acceptance, the clerk, upon inscription, renders judgment in conformity with the acquiescence.
In case of refusal, the case is proceeded with in the ordinary manner. However, the plaintiff, without waiting for the result of the trial, may obtain judgment for the amount mentioned in the acquiescence; the action is then proceeded with only for the balance. In all cases, if the court decides that the refusal was unjustified, it cannot award the plaintiff more costs than in case of acceptance.
A plaintiff who has not given notice either of acceptance or of refusal is deemed to have accepted; however, the court may relieve him of the consequences of his default, so long as judgment has not been rendered on the acquiescence.
1965 (1st sess.), c. 80, a. 460; 1982, c. 17, s. 22; 1992, c. 57, s. 420.
461. If there are several defendants, and one or some only file an acquiescence, the court may render judgment in conformity therewith, upon inscription served on all the parties; but if it is of opinion that the case requires a uniform decision for all the defendants, whether by reason of the object of the demand, or in order to avoid contradictory judgments, it does not render judgment immediately but orders that the action be decided by one judgment as against all the defendants.
1965 (1st sess.), c. 80, a. 461; 1982, c. 17, s. 23.
CHAPTER II
GENERAL RULES AS TO JUDGMENT
462. No action will be dismissed merely because it is intended to obtain a declaratory judgment; but the court may, if it is of opinion that the interest of the plaintiff is insufficient, or that a judgment will not put an end to the uncertainty or controversy which gave rise to the action, refuse to render judgment.
1965 (1st sess.), c. 80, a. 462.
463. A judge who has taken a case under advisement may, even of his own motion, by a judgment giving reasons, order the reopening of the hearing, for such purposes and upon such conditions as he may determine. The clerk must forthwith communicate such judgment to the chief justice and to the attorneys of the parties.
Any other order preventing judgment from being rendered must also give the reasons therefor and be communicated to the same persons.
1965 (1st sess.), c. 80, a. 463; 1992, c. 57, s. 420.
464. When a judge ceases to hold office, retires, becomes ill or unable to act, or dies, the chief justice may order that any case of which such judge was seized be continued and terminated by another judge or replaced on the roll to be heard again.
If the case was taken under advisement it is entrusted to another judge or replaced on the roll in accordance with the first paragraph, unless, where the judge seized of the case has retired or ceased to hold office, the chief justice requests the latter judge to render judgment within 90 days. Upon the expiry of that time, the chief justice proceeds in accordance with the first paragraph.
1965 (1st sess.), c. 80, a. 464; 1969, c. 81, s. 9; 1972, c. 70, s. 18; 1975, c. 83, s. 24; 1999, c. 40, s. 56.
465. In any case or matter of whatever nature, the judgment must be rendered within six months after being taken under advisement. However, the chief justice or judge may extend that period.
Where the judge seized of a case or matter fails to render a judgment within six months or, as the case may be, within such additional time as is granted under the first paragraph, the chief justice or judge may, on his own initiative or on a motion by one of the parties, remove the case or matter from the judge and order that it be assigned to another judge or re-entered on the roll.
Before granting an extension or removing a case or matter from the judge who failed to render a judgment within the time prescribed, the chief justice or judge shall take account of the circumstances and of the interests of the parties.
The chief justice or judge or, at his request, the senior associate chief justice or judge shall exercise, personally, the powers and duties conferred on the chief justice or judge by this article.
In the first week of each month, the clerk must give to the chief justice or judge a list of the cases or matters in his district, of whatever nature they may be, which have been under advisement for more than five months.
1965 (1st sess.), c. 80, a. 465; 1993, c. 30, s. 5; 1992, c. 57, s. 420.
466. The judge called upon to continue a case or matter assigned to him or to hear a case or matter re-entered on the roll pursuant to articles 464 and 465 may, with the consent of the parties, limit the proof to the transcription of the stenographic notes, provided that, where he considers the notes to be insufficient, he recalls a witness or requires any other proof.
He shall rule on the costs, including those relating to the original inquiry and hearing, according to circumstances, and may, in addition, take any other measure he considers fair and appropriate. Where, for the purposes of the first paragraph, the stenographic notes must be transcribed, the transcription costs shall be paid by the Government unless the judge orders otherwise, in particular, when the recourse is manifestly unfounded or frivolous and excessive or dilatory.
1965 (1st sess.), c. 80, a. 466; 1993, c. 30, s. 5; 1993, c. 72, s. 8.
467. The death of the parties or of their attorneys cannot delay judgment in a case which is under advisement.
1965 (1st sess.), c. 80, a. 467; 1975, c. 83, s. 25.
468. The court cannot adjudicate beyond the conclusions; however, it may correct incorrect terminology in the conclusions, in order to give to them their true designation in the light of the facts alleged.
1965 (1st sess.), c. 80, a. 468.
469. Every judgment involving a condemnation must be susceptible of execution. Every judgment for damages must contain a liquidation thereof; if it contains a joint and several condemnation against the persons responsible for the injury, it shall, if the evidence permits, determine as between such persons only, the share of each in the condemnation.
1965 (1st sess.), c. 80, a. 469; 1992, c. 57, s. 278.
469.1. Where a judgment awarding damages for bodily injury reserves the right of the plaintiff to claim additional damages, the judgment specifies the matter to which the claim may pertain and the time within which the application may be made.
The judgment is executory, notwithstanding appeal, where the appeal pertains exclusively to the decision of the court to reserve the right of the plaintiff to claim additional damages or to the time allowed for the exercise of the remedy.
An appeal from the judgment on the original application for damages does not exempt the plaintiff from the obligation to file an application for additional damages, within the period of time fixed in the judgment.
1992, c. 57, s. 279.
470. A judgment in respect of movable or immovable real rights must contain a description of the property involved so as to permit the publication of the rights in the property, where applicable.
A judgment condemning a party to the restitution of fruits and revenues must order their liquidation, by experts if necessary; the party condemned is bound to produce all supporting documents.
1965 (1st sess.), c. 80, a. 470; 1992, c. 57, s. 280.
471. A judgment must be signed by the person who rendered it. However, in family cases, the clerk may sign the judgment rendered by a judge.
In contested suits where judgment is rendered after taking the case under advisement, it contains, in addition to the conclusions, a concise statement of the reasons on which the decision is based.
When a judge dies, is absent, is unable to act or retires after he has rendered judgment in open court and before he has signed such judgment, the chief justice of such court or a judge designated by him may sign such judgment.
1965 (1st sess.), c. 80, a. 471; 1972, c. 70, s. 19; 1977, c. 73, s. 15; 1982, c. 17, s. 24; 1989, c. 6, s. 2; 1992, c. 57, s. 420.
472. Judgments are rendered by being read out in open court, or by depositing the judgment in the office of the court on the date which it bears.
The conclusions of a judgment rendered in open court cannot be changed by the judgment deposited later.
1965 (1st sess.), c. 80, a. 472.
473. A judgment, unless it is in recognition of a hypothec against a defendant residing in Québec, must be served on the losing party only if the judge who rendered it so orders, or if some provision of law so requires.
However, as soon as the original of the judgment in a contested matter which has been taken under advisement has been deposited in the office of the court, the clerk must, unless the rules of practice otherwise provide, notify the parties and their attorneys.
1965 (1st sess.), c. 80, a. 473; 1975, c. 83, s. 26; 1992, c. 57, s. 281, s. 420; 1995, c. 39, s. 1.
474. Every judgment must be entered without delay in the register of the court; the clerk retains the judgment and issues copies on demand.
In cases of difference between the judgment and the entry thereof in the register, the judgment is to be followed; and the court may, without any formality, order the necessary corrections.
1965 (1st sess.), c. 80, a. 474; 1992, c. 57, s. 420.
475. A judgment in which there is an error in writing or calculation or any other clerical error may be corrected by the judge or clerk who rendered it. A judgment which, by obvious inadvertence, has granted more than was demanded or has omitted to adjudicate upon part of the demand may also be so corrected.
Such correction may be made of the judge’s or clerk’s own motion so long as the execution has not been commenced; it may be made on motion of one of the parties at any time, unless the judgment has been appealed.
If the judge or clerk who rendered the judgment is no longer in office or is absent or unable to act, the motion must be made to the court.
The time limits for appeal from and for execution of a corrected judgment only run from the date of the correction, if it affects the conclusions.
1965 (1st sess.), c. 80, a. 475; 1983, c. 28, s. 17; 1984, c. 26, s. 19; 1992, c. 57, s. 420; 1999, c. 40, s. 56.
476. A party may renounce rights arising from a judgment rendered in his favour, by filing in the office of the court a total or partial renunciation signed by him or by his special attorney. A total renunciation accepted by the opposite party places the case in the position it was in immediately before the judgment.
1965 (1st sess.), c. 80, a. 476.
CHAPTER III
COSTS
477. The losing party must pay all costs, including the costs of the stenographer, unless by decision giving reasons the court reduces or compensates them, or orders otherwise.
Nevertheless, in a personal action, and subject to article 992, the amount of the costs of suit, except costs of execution, that the defendant who loses may be required to pay shall not exceed the amount of the condemnation, if that is not greater than the amount contemplated in paragraph a of article 953, unless the court, by judgment giving reasons, orders otherwise.
1965 (1st sess.), c. 80, a. 477; 1975, c. 83, s. 27; 1977, c. 73, s. 16; 1983, c. 28, s. 18; 1995, c. 39, s. 2.
478. Any person administering the property of another, who abuses his powers by carrying on proceedings which are clearly unfounded, may be condemned personally to costs, without being entitled to reimbursement.
1965 (1st sess.), c. 80, a. 478.
478.1. The costs of joint actions are shared equally by the parties, unless they have agreed to the contrary or the court, by judgment giving reasons, orders otherwise.
Similarly, costs resulting from the decision of the court to allow a child to be represented by an attorney in family proceedings are shared equally by the parties, unless the court, by judgment giving reasons, orders otherwise.
In any proceedings other than family proceedings, the costs relating to the representation by an attorney of a minor, or a person of full age it considers incapable are awarded by the court according to the circumstances.
1982, c. 17, s. 25; 1992, c. 57, s. 283.
479. Every condemnation to costs involves, by operation of law, distraction in favour of the attorney of the party to whom they are awarded. Nevertheless the party himself may execute for the costs if the consent of his attorney appears on the writ of execution.
1965 (1st sess.), c. 80, a. 479; 1981, c. 14, s. 13.
480. The party entitled to costs prepares a bill thereof in accordance with the tariffs in force, and has it served upon the party who owes the costs, if the latter has appeared, with a notice of at least five days of the date when it will be presented for taxation to the clerk; the latter may require proof to be made by affidavit or by witnesses.
The taxation may be revised by the judge within 30 days, upon motion served on the opposite party. The judgment thus rendered is final and subject to appeal in accordance with the rules provided in article 26.
However, saving the debtor’s contingent right to recover, the motion for revision or the appeal from the judgment on that motion does not suspend execution unless the amount of the factum as taxed or as revised exceeds $10,000, in which case the execution is suspended in respect of the excess.
1965 (1st sess.), c. 80, a. 480; 1982, c. 32, s. 34; 1992, c. 57, s. 420.
481. Costs bear interest from the date of the judgment granting them.
1965 (1st sess.), c. 80, a. 481.
TITLE VIII
SIMPLIFIED PROCEDURE BY WAY OF A DECLARATION
1996, c. 5, s. 40.
CHAPTER I
GENERAL PROVISIONS
1996, c. 5, s. 40.
481.1. Unless otherwise provided, the special rules contained in this Title apply to all proceedings in which the amount claimed or the value of the object of the dispute is equal to or less than $50,000, excluding the interest accrued up to the date of the introduction of the proceeding and the indemnity referred to in article 1619 of the Civil Code of Québec (Statutes of Québec, 1991, chapter 64).
These special rules also apply to the recovery of a claim, irrespective of the amount in issue, in any matter concerning
(a)  the sale price of movable property;
(b)  the price in a contract for services or of enterprise, other than a contract pertaining to an immovable work, if the value of the object of the dispute is more than $50,000, or in a contract of leasing or a contract of carriage;
(c)  claims related to a contract of employment, of lease, of deposit or of loan of money;
(d)  the remuneration of a mandatary, a surety or an office holder for services rendered;
(e)  bills of exchange, cheques, promissory notes or acknowledgements of debt;
(f)  taxes, rates and assessments imposed by or under any law of Québec.
1996, c. 5, s. 40.
481.2. Either party to a proceeding introduced according to the provisions of this Title may request that the contestation and the proof and hearing be governed by the general rules of the ordinary procedure in first instance.
The court, on a motion, may order that the proceedings be continued according to the ordinary procedure if the complexity of the matter or special circumstances warrant it, or if there is a high risk that continuing the proceedings according to the simplified procedure would cause serious injury to one of the parties.
1996, c. 5, s. 40.
481.3. Except as provided in this Title, such proceedings are governed by the general rules applicable to other proceedings under the provisions of Book II as they relate to the ordinary procedure in courts of first instance.
1996, c. 5, s. 40.
CHAPTER II
INTRODUCTION OF PROCEEDING
1996, c. 5, s. 40.
481.4. A proceeding is introduced by a declaration prepared and signed by the plaintiff or his attorney; the content of the declaration, including the description of the parties, must conform to the provisions of articles 110 to 119.
The heading of the declaration must indicate that the proceeding is introduced according to the simplified procedure.
Copies of the exhibits presented in support of the demand, including expert reports, are attached to the declaration and served with it; any other exhibit a party wished to refer to at the hearing must be communicated and filed in the record in accordance with the provisions of Chapter I.1 of Title V of Book II.
1996, c. 5, s. 40.
481.5. The plaintiff is required to file the original of the declaration and proof of its service in the office of the court within 30 days of the service.
1996, c. 5, s. 40.
481.6. The defendant must appear within 10 days after service of the declaration, by filing in the office of the court a written appearance signed by him or by his attorney.
1996, c. 5, s. 40.
CHAPTER III
CONTESTATION
1996, c. 5, s. 40.
481.7. Within 10 days after expiry of the time for appearance, the defendant must present together any demand for security, dilatory or declinatory exception or exception to dismiss the action which he intends to urge against the declaration.
The defendant must file his defence within 10 days of the judgment on such demand and preliminary exception; no appeal lies from such decisions, unless they terminate the proceedings or pertain to a question of jurisdiction.
1996, c. 5, s. 40.
481.8. At any stage of the proceedings, special proceedings relating to production of evidence provided for in Chapter III of Title V of Book II must take place within the time limit prescribed in article 481.11, on pain of foreclosure.
1996, c. 5, s. 40.
481.9. In all cases, the defendant must file his defence within 90 days after service of the declaration and notice.
1996, c. 5, s. 40.
481.10. Issue is joined by the demand and the defence as well as the answer, if any.
A cross demand forms part of the defence and is subject to the same rules as the principal demand, unless the court decides that the proceeding is one which must be continued according to the general rules of the ordinary procedure in first instance.
1996, c. 5, s. 40.
CHAPTER IV
INSCRIPTION
1996, c. 5, s. 40.
481.11. Inscription for proof and hearing must be effected not later than 180 days after service of the declaration and notice. Failing inscription within that time, the plaintiff is deemed to have discontinued his suit. Such time limit is imperative; it can be extended only if the party shows that it was impossible for him to act.
The clerk must refuse to receive or file in the record any inscription after expiry of such time limit.
1996, c. 5, s. 40.
481.12. In the event of failure to appear or to plead to the merits within the time fixed, the case is inscribed forthwith for judgment by the clerk, or for proof and hearing before the court or the special clerk in accordance with articles 193, 194 and 195.
1996, c. 5, s. 40.
481.13. As soon as issue is joined, inscription for proof and hearing before the court is effected forthwith by one of the parties and notice of such inscription must be served on the other parties.
1996, c. 5, s. 40.
CHAPTER V
PROOF AND HEARING
1996, c. 5, s. 40.
481.14. The clerk, in cooperation with the chief justice or chief judge, keeps a roll for proceedings introduced according to the simplified procedure by way of a declaration.
Where the rules of practice provide for the issue of a certificate of readiness, a declaration of inscription on the roll for hearing must be filed not later than 30 days after the inscription for proof and hearing. The party to whom the declaration of inscription on the roll is served has 30 days in which to serve and file a declaration of inscription on the roll to the same effect, on pain of foreclosure.
The time within which exhibits must be communicated under article 331.8 is reduced from 60 to 30 days.
1996, c. 5, s. 40.
481.15. The clerk fixes forthwith a date for proof and hearing in accordance with the rules of practice or according to the instructions of the chief justice or chief judge; he gives notice to the parties at least 30 days before the date fixed for the hearing.
1996, c. 5, s. 40.
481.16. The time limit prescribed in article 465 for rendering judgment after the matter has been taken under advisement is reduced to four months.
The clerk must forward to the chief justice or chief judge a list of the matters that have been under advisement for more than three months.
1996, c. 5, s. 40.
481.17. The Government establishes, by regulation, a tariff of court costs that may prescribe different costs from those presently in force according to the class of action, or that may provide that court costs are established as a percentage of the amount involved in the proceeding.
1996, c. 5, s. 40.
BOOK III
REMEDIES AGAINST JUDGMENTS
TITLE I
REVOCATION OF JUDGMENT
CHAPTER I
REVOCATION OF JUDGMENT AT THE REQUEST OF ONE OF THE PARTIES
482. A party condemned by default to appear or to plead may, if he was prevented from filing his defence by surprise, by fraud or by any other reason considered sufficient, request that the judgment be revoked and that the action be dismissed.
The motion, addressed to the court which rendered the judgment, must contain not only the grounds for revocation of judgment, but also the grounds of defence to the action.
1965 (1st sess.), c. 80, a. 482.
483. Likewise, where there is no other useful recourse against a judgment, the court which rendered it may revoke it at the request of one of the parties, in the following cases:
(1)  When the procedure prescribed has not been followed and the resulting nullity has not been covered;
(2)  When the judgment has decided beyond the conclusions, or when it has failed to rule on one of the essential grounds of the suit;
(3)  When, in the case of a minor or person of full age under tutorship or curatorship, no valid defence has been produced;
(4)  When judgment has been rendered upon an unauthorized consent or tender subsequently disavowed;
(5)  When judgment has been rendered upon documents whose falsity has only been discovered afterwards, or following fraud of the adverse party;
(6)  When, since the judgment, decisive documents have been discovered whose production had been prevented by a circumstance of irresistible force or because of the act of the adverse party;
(7)  When, since the judgment, new evidence has been discovered and it appears that:
(a)  if it had been brought forward in time, the decision would probably have been different;
(b)  it was known neither to the party nor to his attorney or agent and
(c)  it could not, with all reasonable diligence, have been discovered in time.
1965 (1st sess.), c. 80, a. 483; 1989, c. 54, s. 134.
484. The motion in revocation, served on all the parties in the record with notice of the day when it will be presented to a judge for reception, must be filed within 15 days counting, according to the circumstances, from the day when the party acquired knowledge of the judgment, when the cause preventing production of the defence was removed, when he acquired knowledge of the new evidence, of the falsity of the document or of the fraud of the opposite party, when the conclusive document was discovered, or when the judgment was rendered disavowing the unauthorized act.
In the case of a minor, contemplated in paragraph 3 of article 483, the time limit runs from the day of service of the judgment effected since he attained majority.
The time limit of 15 days is peremptory; nevertheless the court may, on motion and provided that not more than six months have elapsed since judgment, relieve from the consequences of his default the party who shows that, in fact, it was impossible for him to act sooner.
1965 (1st sess.), c. 80, a. 484; 1999, c. 40, s. 56.
484.1. In the case provided for in article 198.1, the judgment cannot be revoked, on the motion of the party condemned by default to appear or to plead made within one year from the date of judgment, unless that party proves that, by no fault of his own, he did not acquire knowledge of the proceedings in time to file a defence or to exercise a recourse against the decision and unless the grounds of his defence do not appear unfounded.
1985, c. 29, s. 10.
485. The motion in revocation does not suspend the execution until it has been received, unless a judge gives a special order which, in case of urgency, may be given without prior notice.
1965 (1st sess.), c. 80, a. 485.
486. The officer charged with executing the judgment, and on whom has been served a copy of the motion in revocation and of the certificate attesting that it has been received, is required to suspend, and to return to the office of the court without delay, the writ of execution and the motion which was served on him.
1965 (1st sess.), c. 80, a. 486.
487. The motion made in virtue of article 482 forms part of the proceedings in the original suit and is subject to the same rules. The party who produced it is liable for all the costs resulting from his default, whatever judgment is rendered.
1965 (1st sess.), c. 80, a. 487.
488. If the grounds invoked in support of a motion made in virtue of article 483 are judged to be sufficient, the parties are placed in the position where they were previously, and the procedure follows the rules of the original instance. The court may also, if it sees fit, pronounce at the same time upon the motion in revocation and on the original demand. In all cases it adjudicates as to costs in accordance with the circumstances.
1965 (1st sess.), c. 80, a. 488.
CHAPTER II
REVOCATION OF JUDGMENT AT THE REQUEST OF A THIRD PARTY, OR OPPOSITION BY A THIRD PARTY
489. Every person whose interests are affected by a judgment rendered in a suit in which neither he nor his representatives were summoned, may, by motion to the court which rendered it, demand that it be revoked so far as it prejudices his rights.
The motion must be served on all the parties in the suit or, if it is made less than a year after the judgment, upon the attorneys who represented them in the suit; it does not suspend execution unless a judge so orders.
1965 (1st sess.), c. 80, a. 489.
490. The motion is proceeded upon in accordance with the rules applicable to the original suit.
1965 (1st sess.), c. 80, a. 490.
TITLE II
APPEAL
491. Saving contrary provisions of the law in respect of certain matters, appeal to the Court of Appeal is subject to the following rules.
1965 (1st sess.), c. 80, a. 491.
492. Any person who was a party to an action in the court of first instance, personally and for his own account, or as a representative and for the account of others, or through a legal representative, has the capacity to appeal.
The Attorney General may, ex officio, appeal from a final judgment rendered in an action raising a ground of public order, as if he were a party to the action.
When several persons have together lost an action in the pursuit of a common interest, each has the capacity to appeal and to prosecute the appeal, in spite of the inaction of the others or of their decease.
1965 (1st sess.), c. 80, a. 492.
493. When a party dies or becomes incapable, his right of appeal is exercised by his legal representatives.
If an appeal is to be brought by the liquidators of a succession and they or some of them are deceased or have been replaced, the appeal is brought by the liquidators then in office.
1965 (1st sess.), c. 80, a. 493; 1992, c. 57, s. 284.
494. An application for leave to appeal in the cases contemplated in the second paragraph of article 26 and in article 511 must be presented by motion accompanied by a copy of the judgment and of the documents of the contestation, if they are not reproduced in the judgment. It must indicate the duration of the proof and hearing in first instance, the conclusions sought by the appellant and a detailed statement of the grounds which the appellant intends to set up.
The detailed statement of the grounds must refer to the documentary evidence or the testimonies in respect of which the appellant claims that the judge in first instance committed a manifest error. It must also state in what way the errors of law or fact found are significant to the point of invalidating the judgment in first instance. Upon presentation of the application, the judge may, where so justified by serious reasons, authorize the filing of an additional statement within the time he determines.
The motion must be served on the adverse party and filed with the office of the court within 30 days of the date of judgment or, in the case of an application for leave to appeal from a judgment ruling on a motion to quash a seizure before judgment, within 5 clear days of the date of judgment; it must be presented to a judge of the Court of Appeal as soon as possible.
If the application is granted, the judgment authorizing the appeal shall stand for the inscription in appeal. The clerk of appeals shall transmit a copy of the judgment without delay to the judge whose judgment is appealed from and to the office of the court in first instance; he shall also transmit a copy, without delay, to the parties or their attorneys.
Every other appeal must be brought within 30 days of the date of judgment unless in the case of subparagraph 2 of the first paragraph of article 26 a shorter time is prescribed in another Act.
Such time limits are peremptory and their expiry extinguishes the right of appeal.
However, if a party dies before the expiry of such time without having appealed, the time limit for appeal runs against his legal representatives only from the day when the judgment is served upon them, which may be done in accordance with the provisions of article 133.
The time limit for appeal runs against a party condemned by default only from the expiry of the time within which he could demand the revocation of the judgment.
1965 (1st sess.), c. 80, a. 494; 1969, c. 80, s. 9; 1982, c. 32, s. 35; 1983, c. 28, s. 19; 1989, c. 41, s. 1; 1992, c. 57, s. 285; 1993, c. 30, s. 6; 1995, c. 2, s. 3; 1995, c. 39, s. 3; 1999, c. 40, s. 56.
495. The appeal is brought by depositing at the office of the court of first instance, within the time limit provided by article 494, a duplicate and two copies of an inscription which has been served upon the adverse party or his attorney.
If the adverse party is not represented by attorney, and impossibility of service is established in conformity with article 123, a judge of the court of first instance may prescribe a different mode of service and, if necessary, permit that it be effected even after the expiry of the time limit for appeal.
1965 (1st sess.), c. 80, a. 495; 1979, c. 37, s. 16; 1999, c. 40, s. 56.
495.1. Without prejudice to the right to appeal in the manner and within the time prescribed by articles 494, 495 and 495.2, any appeal from a judgment in an action in warranty or in a recursory action must be brought, in the manner prescribed by articles 494, 495 and 495.2, within 10 days from the filing, at the office of the court of first instance, of the judgment authorizing the appeal from the judgment in the initial action or of the inscription in appeal from the judgment in the initial action.
1993, c. 30, s. 7.
495.2. An appeal is regularly brought only if the appellant or his attorney causes to be served on the adverse party or his attorney and files at the office of the court, within 45 days after the judgment appealed from or, in the case of an appeal with leave, within 15 days after the judgment authorizing the appeal, a written statement in which he or his attorney certifies that he has directed a stenographer to transcribe the stenographic notes. The second paragraph of article 495 applies to the service of the statement.
1993, c. 30, s. 7.
496. The inscription in appeal must contain the description of the parties, the name of the court that rendered the judgment, the date of judgment, the duration of the proof and hearing in first instance, the conclusions sought by the appellant and a detailed statement of the grounds he intends to set up.
The detailed statement of the grounds must refer to the documentary evidence or the testimonies in respect of which the appellant claims that the judge in first instance committed a manifest error. It must also state in what way the errors of law or fact found are significant to the point of invalidating the judgment in first instance.
Where the appellant is unable to state in detail all the grounds he intends to set up within the time prescribed in article 494, a judge of the Court of Appeal may, on a motion, where so justified by serious reasons, authorize the filing of an additional statement within such time as he determines.
1965 (1st sess.), c. 80, a. 496; 1979, c. 37, s. 17; 1993, c. 30, s. 8.
496.1. Unless otherwise provided, every application presented in court must be accompanied with a notice of the date of presentation and must have been served at least five clear juridical days before that date, except in case of urgency, where a judge of the court may reduce that period.
1993, c. 30, s. 9.
497. Saving the cases where provisional execution is ordered and where so provided by law, an appeal regularly brought suspends the execution of judgment.
However, a judge of the Court of Appeal may, upon motion, when the appeal appears improper or dilatory, or for some other special reason, order the appellant to furnish, within the time he sets, security in a specified amount to guarantee in whole or in part the payment of the costs of appeal and the amount of the condemnation, if the judgment is upheld.
If the appellant does not furnish security within the fixed time, a judge of the Court of Appeal may, upon motion, dismiss the appeal.
1965 (1st sess.), c. 80, a. 497; 1979, c. 37, s. 18; 1982, c. 32, s. 36; 1993, c. 30, s. 10; 1999, c. 40, s. 56.
498. As soon as the inscription in appeal is filed, the clerk must transmit the original of the inscription and a certified copy of the plumitif to the Appeal Office at Québec or Montréal, as the case may be, and a copy of the inscription to the judge whose judgment is appealed from.
The clerk must, at the request of a judge of the Court of Appeal, transmit without delay the record of the case to the Appeal Office together with a list of the documents therein and a copy of the entries made in the registers.
1965 (1st sess.), c. 80, a. 498; 1979, c. 37, s. 19; 1992, c. 57, s. 420; 1995, c. 39, s. 4.
499. Within 10 days following receipt at the Appeals Office of the inscription or, as the case may be, within 10 days following receipt by the respondent of the copy of the judgment authorizing the appeal, the respondent must file a written appearance with the Appeals Office.
Before such appearance, the proceedings intended for the respondent may be served upon the attorney who represented the respondent in the court of first instance, failing a provision of law which requires service on the party himself.
1965 (1st sess.), c. 80, a. 499; 1982, c. 32, s. 37; 1989, c. 41, s. 2.
500. Without prejudice to his right to bring an appeal himself in the manner and within the time limit prescribed by articles 494, 495 and 495.2, the respondent may make an incidental appeal, without formality other than a declaration, served on the adverse party and filed at the same time as his written appearance, that he will demand the reversal, in his favour, of the judgment appealed from. Such declaration must set out the conclusions sought by the respondent and a detailed statement of the means he intends to set up.
1965 (1st sess.), c. 80, a. 500; 1979, c. 37, s. 20; 1993, c. 30, s. 11.
501. Within 10 days following the expiration of the time fixed for appearance, the respondent may by motion ask for the dismissal of the appeal by reason of:
(1)  an irregularity in the bringing of the appeal, when it causes him a prejudice;
(2)  the non-existence or forfeiture of the right of appeal;
(3)  acquiescence in the judgment appealed from;
(4)  renunciation of the judgment;
(5)  its improper or dilatory nature; if it does not dismiss the appeal, the Court may subject it to such conditions as it may determine.
The Court may dismiss a motion based on subparagraph 5 of the first paragraph without hearing the parties.
The irregularity of the appeal for any of the grounds provided in subparagraphs 2, 3, 4 and 5 of the first paragraph is not covered by the mere failure to invoke it within the time fixed; but if an appeal is dismissed on a motion made beyond such time, the costs shall be the same as if it had been made within the time fixed, unless the court otherwise decides.
1965 (1st sess.), c. 80, a. 501; 1982, c. 32, s. 38; 1995, c. 2, s. 4; 1999, c. 40, s. 56.
502. At any stage of the case, the court or, between sessions, one of its judges, may permit the correction, within such time and under such conditions as it or he may determine, of any irregularity whatever in the procedure of appeal, provided, however, that the inscription in appeal has been duly served and filed.
1965 (1st sess.), c. 80, a. 502; 1999, c. 40, s. 56.
503. Within 120 days of the filing of the inscription or of the judgment rendered on a demand made under article 501, the appellant must file seven copies of his factum in the office of the court and serve two copies of it on the respondent.
1965 (1st sess.), c. 80, a. 503; 1979, c. 37, s. 21; 1982, c. 32, s. 39; 1993, c. 30, s. 12.
503.1. Where the factum is not served and filed within the time prescribed by article 503, the appeal is deemed abandoned unless an application for an extension is served and filed at the office of the court by the appellant before the expiry of the prescribed time. The extension may be granted, on a motion, by a judge of the Court of Appeal for a period which, barring exceptional circumstances owing to the nature of the case, may not exceed 30 days.
Where the appellant has not, within the allotted time, filed and served his factum and no application for an extension, or motion under article 505.1, is pending, the clerk of the Court of Appeal shall record the default and issue a certificate stating that the appeal is abandoned with costs.
1979, c. 37, s. 21; 1982, c. 32, s. 40; 1993, c. 30, s. 13; 1995, c. 2, s. 5.
503.2. (Replaced).
1979, c. 37, s. 21; 1982, c. 32, s. 40; 1993, c. 30, s. 13; 1995, c. 2, s. 5.
503.3. (Replaced).
1979, c. 37, s. 21; 1982, c. 32, s. 40; 1993, c. 30, s. 13; 1995, c. 2, s. 5.
504. When more than one party has appealed from the same judgment, all appeals are joined.
1965 (1st sess.), c. 80, a. 504; 1979, c. 37, s. 22; 1982, c. 32, s. 41.
504.1. Within 90 days of the filing in the office of the court of his factum by the appellant, the respondent must file seven copies of his factum and serve two copies thereof on the appellant.
1982, c. 32, s. 42; 1995, c. 2, s. 6.
505. Where the respondent does not file his factum within the time prescribed by article 504.1, he is foreclosed from filing it unless an application for an extension is served and filed at the office of the court by him before the expiry of the prescribed time. The extension may be granted, on a motion, by a judge of the Court of Appeal for a period which, barring exceptional circumstances owing to the nature of the case, may not exceed 30 days.
Where the respondent fails to file his factum within the allotted time, the Court may refuse to hear him. If the respondent makes an incidental appeal but does not act within the time allotted for the filing of his factum, the incidental appeal is deemed abandoned.
1965 (1st sess.), c. 80, a. 505; 1975, c. 83, s. 28; 1979, c. 37, s. 23; 1982, c. 32, s. 43; 1993, c. 30, s. 14; 1995, c. 2, s. 7.
505.1. A judge of the Court of Appeal may, on a motion filed before the expiry of the time prescribed by article 503 and with the consent of the appellant and the respondent, fix another time for the filing of their factums.
1995, c. 2, s. 7.
506. When, notwithstanding his diligence and for a reason not imputable to him, the appellant cannot obtain within a reasonable time the transcript of the stenographer’s notes, the Court of Appeal may order that the case be restored to the same state as before the trial.
1965 (1st sess.), c. 80, a. 506; 1999, c. 40, s. 56.
507. The parties set out in their factum the subject at issue, their pretensions and conclusions. Each party must attach to his factum a copy of the documents and extracts from the evidence that are necessary to determine the questions at issue.
The appellant must also attach to his factum copy of the proceedings of the joined issue, the judgment appealed from and, where that is the case, the notes filed by the judge or, if they were given orally, the transcription or the translation of the reasons of the judgment.
The factums must be prepared in the manner provided by the rules of practice.
1965 (1st sess.), c. 80, a. 507; 1975, c. 83, s. 29; 1979, c. 37, s. 24; 1982, c. 32, s. 44.
507.1. The clerk of appeals must place an appeal on the court roll as soon as it is ready to be so placed.
1979, c. 37, s. 25.
507.2. If the appeal is not ready to be placed on the court roll in the year following the filing of the inscription in appeal, the clerk of appeals gives the attorneys or the party who does not have an attorney a notice of not less than 60 days to the effect that the case has been placed on a special roll.
If the appeal is still not ready to be placed on the court roll on the date fixed in the notice, the chief justice or any other judge he may designate, after giving the parties the opportunity to be heard, declares the appeal abandoned, unless one of the parties submits a valid excuse, in which case he makes such order as he deems appropriate.
1979, c. 37, s. 25; 1982, c. 32, s. 45; 1995, c. 39, s. 5.
508. (Repealed).
1965 (1st sess.), c. 80, a. 508; 1979, c. 37, s. 26.
509. In appeal, recourse may, in particular, be had to intervention, continuance of suit, change of attorney, recusation, disavowal and discontinuance, in the same circumstances as in first instance.
Incidental proceedings are raised by motion and the procedure is the same as in first instance, failing rules of practice to the contrary.
However, a motion to cease representing a party, the change of attorney, the disavowal and the discontinuance are within the competence of a judge. He may also hear a request for recusation in any case referred to him.
The court or as the case may be, the judge may, in connection with an incidental proceeding, permit the production of documents, receive affidavits, hear witnesses and even return the case to the court of first instance so that additional proof relating to the case may be made.
1965 (1st sess.), c. 80, a. 509; 1982, c. 32, s. 46.
510. Appeal from a final judgment of the Court of Québec is subject to the same rules as appeal from a final judgment of the Superior Court.
1965 (1st sess.), c. 80, a. 510; 1988, c. 21, s. 66.
510.1. Where the judgment appealed from reserved the right of the plaintiff to claim additional damages for bodily injury, a judge of the Court of Appeal may, on application and if it is imperative to do so, order the suspension of the hearing of the appeal from the initial judgment for the period and on the conditions he determines, so that the appeal from that judgment and the appeal from the judgment ruling on the application for additional damages be heard jointly.
1992, c. 57, s. 286.
511. An appeal lies from an interlocutory judgment only on leave granted by a judge of the Court of Appeal if he is of opinion that the case is one that is contemplated in article 29 and that the pursuit of justice requires that leave be granted; the judge must then order the continuation or suspension of the proceedings in first instance.
However, an appeal from an interlocutory judgment dismissing an objection to evidence based on article 308 of this Code or on section 9 of the Charter of human rights and freedoms (chapter C-12) is not subject to a leave. Furthermore, the appeal does not suspend the proceedings but the judge of first instance cannot render final judgment or hear the evidence contemplated by the objection until appeal from the interlocutory judgment is decided.
Appeal from an interlocutory judgment is subject to the rules applicable to a final judgment, however, the appellant must file his factum with the office of the court and serve it on the respondent within 15 days of filing the inscription for appeal and the respondent is not required to file a factum.
Unless otherwise decided by the chief justice, the appeal is heard by preference, at the first sitting which follows the filing of the factum.
1965 (1st sess.), c. 80, a. 511; 1979, c. 37, s. 27; 1982, c. 32, s. 47; 1983, c. 28, s. 20; 1986, c. 55, s. 2.
512. A judge of the Court of Appeal, at the request of any party, or the clerk of appeals, with the consent of all the parties, may at any time strike a matter from the court roll and refer the hearing thereof to a later sitting.
1965 (1st sess.), c. 80, a. 512.
513. The court sits with three judges, but the chief justice may increase this number when he deems it proper. Nevertheless, fewer than three judges may open and adjourn the sittings of the court, call the parties, record appearances and defaults and do any acts which do not require the exercise of judicial discretion.
The chief justice may, whenever the dispatch of business so requires, order that the court sit in several divisions at one time, at Québec or at Montréal.
1965 (1st sess.), c. 80, a. 513.
514. To ensure the proper dispatch of business of the Court of Appeal, the Chief Justice or, in his absence, the senior puisne judge may ask in writing the Chief Justice of the Superior Court to designate one or more judges of that court to sit in the Court of Appeal as judges ad hoc. A judge ad hoc shall have all the powers and duties of a puisne judge of the Court of Appeal.
1965 (1st sess.), c. 80, a. 514; 1987, c. 48, s. 2.
515. A judge cannot hear in appeal a matter that he has judged in first instance.
1965 (1st sess.), c. 80, a. 515.
516. A judgment cannot be rendered unless the majority of the judges who heard the case concur therein.
It may be rendered in open court by the judge who presided over the court at the hearing, even in the absence of the other judges; it may also be deposited at the office of the court, under the signature of at least the majority of the judges who heard the appeal. In all cases, the clerk must without delay give to all the parties notice that judgment has been rendered.
1965 (1st sess.), c. 80, a. 516.
517. If a judge who heard the case is appointed to another court, if he has obtained leave of absence or is absent by reason of sickness or some other circumstance, he may nevertheless participate in the judgment.
The impossibility for any of the judges to make his decision known does not prevent the others from rendering judgment, if they are sufficient in number.
1965 (1st sess.), c. 80, a. 517.
518. When by reason of the absence, disqualification or incapacity of a judge, or for any other reason, a new hearing is required, it may be ordered by the other judges or by any of them.
1965 (1st sess.), c. 80, a. 518.
519. Every judgment must contain, apart from the conclusions, the names of the judges who heard the case, with mention of those who did not share the opinion of the majority, and must adjudicate upon the costs; it must moreover set out reasons for judgment, unless it refers to written opinions that the judges have filed in the record.
1965 (1st sess.), c. 80, a. 519.
520. A judgment in which there is an error in writing or calculation, or any other clerical error, may be corrected by the court, as may likewise be corrected a judgment which, by obvious inadvertence, has granted more than was demanded, or has omitted to adjudicate upon part of the demand.
1965 (1st sess.), c. 80, a. 520.
521. Costs are taxed by the clerk of appeals; the taxation may nevertheless be revised, within 30 days, by a judge of the Court of Appeal, upon motion of which notice must be given to the adverse party. Such revision neither halts nor suspends execution of the judgment.
1965 (1st sess.), c. 80, a. 521.
522. Judgment is executed, for both principal and costs, by the court of first instance, unless there is an appeal to the Supreme Court of Canada.
A copy of the judgment of the Court of Appeal, and the record of the case if the latter was transmitted to the Appeal Office, must be transmitted to the office of the court in which the judgment appealed from was rendered.
1965 (1st sess.), c. 80, a. 522; 1995, c. 39, s. 6.
522.1. The Court of Appeal or one of its judges may, subject to the conditions the Court or the judge deems appropriate, order suspension of the execution of a judgment of the Court, on a motion of a party who establishes his intention to apply for leave to appeal to the Supreme Court of Canada.
1995, c. 2, s. 8.
523. The Court of Appeal may, if the ends of justice so require, permit a party to amend his written proceedings, to implead a person whose presence is necessary, or even, in exceptional circumstances, to adduce, in such manner as it directs, indispensable new evidence.
It has all the powers necessary for the exercise of its jurisdiction and may make any order necessary to safeguard the rights of the parties. It may even, notwithstanding the expiry of the time allowed by article 494, but provided that more than six months have not elapsed since the judgment, grant special leave to appeal to a party who shows that in fact it was impossible for him to act sooner. However such leave cannot be granted in respect of a judgment rendered in the circumstances contemplated in article 198.1.
1965 (1st sess.), c. 80, a. 523; 1985, c. 29, s. 11; 1999, c. 40, s. 56.
523.1. Where the sole object of an appeal is to obtain an increase in the amount awarded by the judgment or a reduction of the amount of the condemnation, a judge of the Court of Appeal may, on application, order the condemned party to execute the judgment up to the amount that is not under appeal.
1992, c. 57, s. 287.
524. The Court may, ex officio or on motion of a party, declare dilatory or abusive an appeal that it dismisses or declares abandoned.
It may condemn the appellant to pay the damages caused by the appeal if their amount appears in the record or is accepted by the parties.
In other cases, the respondent may, within 60 days of the date of the judgment of the Court of Appeal, claim damages from the appellant, by motion addressed to the Superior Court or the Court of Québec, according to the amount claimed. Upon receipt of a copy of the motion, the clerk of appeals transmits the record to the office of the court to which the motion is addressed.
1965 (1st sess.), c. 80, a. 524; 1979, c. 37, s. 28; 1988, c. 21, s. 66.
BOOK IV
EXECUTION OF JUDGMENTS
TITLE I
VOLUNTARY EXECUTION
CHAPTER I
PUTTING IN SECURITY
525. Every judgment ordering security must fix the amount up to which the surety must be liable and the time within which it shall be offered.
1965 (1st sess.), c. 80, a. 525; 1999, c. 40, s. 56.
526. A notice mentioning the names, residence and occupation of the surety, and the date and hour when he will be offered at the office of the court, must be served on the opposite party.
1965 (1st sess.), c. 80, a. 526.
527. A surety may be objected to if he has not the qualifications required by law, or if he is insufficient.
1965 (1st sess.), c. 80, a. 527.
528. Whether objected to or not, the surety may be required to justify his sufficiency under oath and, except where the law requires only personal justification, he may, if objected to, be required to declare his real property and produce his titles thereto.
1965 (1st sess.), c. 80, a. 528.
529. The contestation takes place without written pleadings; it is decided summarily by the clerk upon documents and affidavits.
1965 (1st sess.), c. 80, a. 529; 1992, c. 57, s. 420.
530. If the surety is accepted, the bond is drawn up and executed in conformity with the judgment, notwithstanding opposition or appeal, and without prejudice thereto.
1965 (1st sess.), c. 80, a. 530.
531. The rules of this chapter apply with the necessary modifications when the person bound to furnish a surety avails himself of his right to offer any other sufficient security instead.
1965 (1st sess.), c. 80, a. 531; 1992, c. 57, s. 288.
CHAPTER II
ACCOUNTING
532. Every judgment ordering an account must fix a time limit for rendering it.
1965 (1st sess.), c. 80, a. 532; 1999, c. 40, s. 56.
533. The account must be filed in court within the time fixed; it must be supported by the affidavit of the accounting party and accompanied with supporting vouchers; a copy must be served on the opposite party.
1965 (1st sess.), c. 80, a. 533; 1999, c. 40, s. 56.
534. The account must be divided into two parts, one for revenue, the other for expenditure, and must close with a recapitulation establishing the balance between revenue and expenditure.
The account is prepared according to generally recognized accounting principles and those provided in the Civil Code in Title VII of the Book on Property, dealing with the Administration of property of others. Receivables are entered under revenue and the cost of preparing and verifying the account and required copies is entered under expenditure, but not so the costs of the judgment ordering the accounting, except with the permission of the court.
1965 (1st sess.), c. 80, a. 534; 1992, c. 57, s. 289.
535. At any time after the filing of an account, the party to whom it is rendered may summon the accounting party, or his bookkeeper, authorized representative or manager, to appear before the judge or the clerk to be examined as a witness on any fact relating to the account.
1965 (1st sess.), c. 80, a. 535; 1992, c. 57, s. 420.
536. If the account shows an excess of revenue over expenditure, the party to whom it is rendered may obtain and execute judgment for the balance, saving his right to contest the remainder of the account.
1965 (1st sess.), c. 80, a. 536; 1992, c. 57, s. 290.
537. The account is held to be admitted if the party accounted to has not contested it within 15 days of the date of filing, and the contestation is held to be well founded if the accounting party has not filed his answers within 15 days of the service upon him of the contestation. The court may, however, for a valid reason relieve a party from the consequences of his default.
After issue is joined by the filing of the answers, the parties proceed to trial in the ordinary way.
1965 (1st sess.), c. 80, a. 537.
538. The judgment upon the account must contain a computation of the revenue and expenditure, and establish the balance, if any.
1965 (1st sess.), c. 80, a. 538; 1992, c. 57, s. 291.
539. If the account is not filed within the time fixed, the plaintiff may prepare it himself, in accordance with the provisions of article 534, and attest its correctness by his affidavit; he may then inscribe for judgment, and the defendant may not contest the account.
1965 (1st sess.), c. 80, a. 539; 1999, c. 40, s. 56.
CHAPTER III
SURRENDER
540. The voluntary execution of any judgment ordering the delivery of a movable or an immovable is effected by delivering the movable or surrendering the immovable, in such a manner that the party entitled thereto may become seized or take possession of it, unless the judgment otherwise provides.
1965 (1st sess.), c. 80, a. 540; 1992, c. 57, s. 292.
541. Subject to the rules relating to the exercise of hypothecary rights, a person who wishes to execute voluntarily a judgment ordering him to surrender an immovable subject to a hypothec must file in the office of the court a declaration to that effect and must relinquish possession of the immovable to the Public Curator to whom he must give notice; upon the service of the notice the Public Curator becomes a party to the case.
1965 (1st sess.), c. 80, a. 541; 1992, c. 57, s. 293.
542. The Public Curator collects the fruits and revenues due and accrued from the time of the surrender, and may grant leases of the immovable if the sale is delayed for any considerable time.
All the fruits and revenues are immobilized and distributed in the same manner as the sale price of the immovable.
1965 (1st sess.), c. 80, a. 542.
TITLE II
COMPULSORY EXECUTION
CHAPTER I
PRELIMINARY PROVISIONS
DIVISION I
EXAMINATION OF DEBTOR AFTER JUDGMENT
543. When a judgment has become executory, the creditor may summon the debtor to appear before the judge or the clerk, either of the district where the judgment was rendered or of the district where the debtor has his residence, to be examined as to all the property that he possesses or has possessed since the incurring of the obligation which was the basis of the judgment, and as to his sources of revenue.
When the debtor is a legal person, the summons must be given to one of its senior officers; when the debtor is a foreign partnership or legal person doing business in Québec, it must be given to its agent.
1965 (1st sess.), c. 80, a. 543; 1992, c. 57, s. 294, s. 420; 1999, c. 40, s. 56.
544. The judge may, at the instance of the creditor, order the debtor to produce any book or document relating to the matters which may be the subject of the examination and permit the examination before the clerk of any person capable of giving information about such matters.
1965 (1st sess.), c. 80, a. 544; 1992, c. 57, s. 420.
545. The provisions of articles 280 to 284 and 293 to 331 apply, so far as may be, to the cases mentioned in articles 543, 544 and 546.1.
Any dispute arising during the examination of the witness must be submitted as soon as possible for decision to the judge in chambers.
1965 (1st sess.), c. 80, a. 545; 1980, c. 21, s. 2.
546. The costs of an examination under this section form part of the costs of execution, unless the judge orders otherwise.
1965 (1st sess.), c. 80, a. 546.
546.1. Where a judgment awarding support has become executory, a judge or, if the matter has not been referred to a judge, the clerk may, on the motion of the person entitled to support and if circumstances justify it, order a person to furnish the person entitled to support with the information he has on the residence and place of work of the debtor in default and, if need be, allow him to be interrogated to that effect before the clerk.
This article applies notwithstanding any inconsistent provision of a general law or special Act providing for the confidentiality or non-disclosure of certain information or documents. It does not, however, apply to a person who has received the information in the practice of his profession and who is bound to the debtor by professional secrecy.
1980, c. 21, s. 3; 1983, c. 28, s. 21; 1992, c. 57, s. 420.
DIVISION II
PROVISIONAL EXECUTION
547. Notwithstanding appeal, provisional execution applies in respect of all the following matters unless, by a decision giving reasons, execution is suspended by the court:
(a)  possessory actions;
(b)  liquidation of a succession, or making an inventory;
(c)  urgent repairs;
(d)  ejectment, when there is no lease or the lease has expired or has been cancelled or annulled;
(e)  appointment, removal or replacement of tutors, curators or other administrators of the property of others, or revocation of the mandate given to a mandatary in anticipation of the mandator’s incapacity;
(f)  accounting;
(g)  alimentary pension or allowance or custody of children;
(h)  judgments of sequestration;
(i)  (subparagraph repealed).
In addition, the court may, upon application, order provisional execution in case of exceptional urgency or for any other reason deemed sufficient in particular where the fact of bringing the case to appeal is likely to cause serious or irreparable injury, for the whole or for part only of a judgment.
In the cases provided for in this article, the court may, upon application, make provisional execution conditional upon the furnishing of security.
1965 (1st sess.), c. 80, a. 547; 1992, c. 57, s. 295; 1993, c. 30, s. 15; 1994, c. 28, s. 27; 1995, c. 2, s. 9.
548. Provisional execution cannot be ordered for costs, even when they are awarded in lieu of damages.
1965 (1st sess.), c. 80, a. 548.
549. If provisional execution has not been ordered by the judgment itself, it cannot thereafter be allowed except on appeal as provided in article 550.
1965 (1st sess.), c. 80, a. 549.
550. A judge of the Court of Appeal may on motion order provisional execution, with or without security, when it has not been ordered or has been dismissed in the judgment appealed from, or cancel or suspend provisional execution, when it has been ordered or when provided by law, or order that security be given by any party who was exempted from doing so by the court of first instance.
The judge to whom the motion is presented may refer it to the court if it is then in session.
1965 (1st sess.), c. 80, a. 550; 1993, c. 30, s. 16.
551. Provisional execution cannot take place until after the service upon the opposite party of the judgment which orders it.
1965 (1st sess.), c. 80, a. 551.
DIVISION III
EXEMPTIONS FROM SEIZURE
552. The debtor must be permitted to select from among his property and withdraw from seizure:
(1)  The movable property which furnishes his main residence, used by and necessary for the life of the household, up to a market value of $6,000 established by the seizing officer;
(2)  The food, fuel, linens and clothing necessary for the life of the household;
(3)  The instruments of work needed for the personal exercise of his professional activity.
Nevertheless, with the exception of the property mentioned in subparagraph 2 of the first paragraph, the property referred to in the first paragraph may be seized and sold for the amounts owed on the price of the property or by a creditor holding a hypothec thereon, as the case may be. However, if the debtor is a fisherman, his fishing boats and equipment cannot be seized or sold between 1 May and 1 November.
The valuation of the seizing officer may be revised by the court; if the court is of the opinion that the value of the property left to the debtor is below the value permitted, it may allow the debtor to choose and take from among the seized property that which is required to make up the difference.
Any renunciation of the exemptions from seizure resulting from this article is null.
1965 (1st sess.), c. 80, a. 552; 1969, c. 80, s. 10; 1972, c. 70, s. 20; 1977, c. 73, s. 17; 1986, c. 55, s. 3; 1992, c. 57, s. 296.
553. The following are exempt from seizure:
(1)  Consecrated vessels and things used for religious worship;
(2)  Family papers and portraits, medals and other decorations;
(3)  Property declared by a donor or testator to be exempt from seizure, which may however be seized by creditors posterior to the gift or to the opening of the legacy, with the permission of the judge and to the extent that he determines;
(4)  Judicially awarded support and sums given or bequeathed as support, even if not declared to be exempt from seizure by the instrument evidencing the gift or bequest;
(5)  Books of account, titles of debt and other papers in the possession of the debtor, saving the things mentioned in article 570;
(6)  Contingent emoluments and fees due to ecclesiastics and ministers of religion by reason of their current services, and the income of their clerical endowment;
(7)  Benefits payable under a supplemental pension plan to which an employer contributes on behalf of his employees, other amounts declared unseizable by an Act governing such plans and contributions paid or to be paid into such plans;
(8)  Periodic disability benefits under a contract of accident and sickness insurance;
(9)  Reimbursement of expenses incurred under a contract of accident and sickness insurance;
(9.1)  Property of a person that he requires to compensate for a handicap;
(10)  (Subparagraph repealed);
(11)  All gross salaries and wages to the extent of 70 % of the excess over the following unseizable portion:
(a)  $180 per week, plus $30 per week for each dependant in excess of two, if the debtor is supporting his consort, has a dependent child, or is the main support of a relative; or
(b)  $120 per week in all other cases.
The person to whom the debtor is married or, if the debtor is not married, the person of the opposite or the same sex with whom the debtor has been cohabiting for three years or for one year if a child has issued from their union is considered to be the spouse of the debtor.
In calculating salaries and wages account must be taken of any remuneration in money, kind or services, paid for services rendered under a contract of employment, of enterprise, for services or of mandate, excepting:
(a) the contributions of the employer to pension, insurance or social welfare funds;
(b) the value of the food and lodging supplied or paid for by the employer on the occasion of travelling while carrying out work;
(c) passes given by a transportation undertaking to its employees;
(11.1)  50 % of sums payable under the Family Orders and Agreements Enforcement Assistance Act (Revised Statutes of Canada, 1985, chapter 4, 2nd Supplement);
(12)  Anything declared unseizable by law.
However, notwithstanding any contrary provision of a general law or special Act, any income referred to in paragraph 4, 6, 8 or 11, as well as any amount mentioned in paragraph 7, is unseizable, in the case of effecting partition of a family patrimony or of a debt for support or a compensatory allowance, to the extent of 50 %.
1965 (1st sess.), c. 80, a. 553; 1974, c. 70, s. 469; 1977, c. 73, s. 18; 1979, c. 37, s. 29; 1980, c. 21, s. 4; 1982, c. 17, s. 26; 1982, c. 58, s. 21; 1986, c. 55, s. 4; 1988, c. 17, s. 4; 1989, c. 55, s. 30; 1992, c. 57, s. 297; 1999, c. 14, s. 9.
553.1. Works of art or historical property brought into Québec and placed or intended to be placed on public exhibit in Québec are also exempt from seizure, if the Government declares them so, and for such time as it determines. Such works or property must not have been originally conceived, produced or created in Québec.
The order in council passed in virtue of the first paragraph comes into force on its publication in the Gazette officielle du Québec.
Exemption from seizure as prescribed in this article does not prevent the execution of judgments rendered to give effect to service contracts relating to the transportation, warehousing and exhibition of the works and property referred to in the first paragraph.
1976, c. 48, s. 1.
553.2. An immovable serving as the principal residence of the debtor is also exempt from seizure where the amount of the claim is less than $10,000, except where
(1)  the claim is secured by a prior claim or legal or conventional hypothec on the immovable other than a legal hypothec securing a claim arising out of a judgment;
(2)  the claim is a claim for support;
(3)  the immovable is already validly under seizure.
For the purposes of this article, the amount of the claim is that of the judgment under which the immovable could be seized, including interest accrued from the date of the judgment, but not including costs.
1986, c. 55, s. 5; 1989, c. 55, s. 31; 1992, c. 57, s. 298; 1996, c. 5, s. 41.
DIVISION IV
Repealed, 1995, c. 18, s. 80.
1988, c. 56, s. 1; 1995, c. 18, s. 80.
553.3. (Repealed).
1988, c. 56, s. 1; 1995, c. 18, s. 80.
553.4. (Repealed).
1988, c. 56, s. 1; 1995, c. 18, s. 80.
553.5. (Repealed).
1988, c. 56, s. 1; 1995, c. 18, s. 80.
553.6. (Repealed).
1988, c. 56, s. 1; 1993, c. 72, s. 20; 1995, c. 18, s. 80.
553.7. (Repealed).
1988, c. 56, s. 1; 1995, c. 18, s. 80.
553.7.1. (Repealed).
1993, c. 72, s. 20; 1995, c. 18, s. 80.
553.8. (Repealed).
1988, c. 56, s. 1; 1995, c. 18, s. 80.
553.9. (Repealed).
1988, c. 56, s. 1; 1988, c. 51, s. 108; 1992, c. 44, s. 81; 1994, c. 12, s. 67; 1995, c. 18, s. 80.
553.10. (Repealed).
1988, c. 56, s. 1; 1995, c. 18, s. 80.
CHAPTER II
GENERAL RULES AS TO COMPULSORY EXECUTION
554. Judgments containing a condemnation cannot be executed except by a bailiff, sheriff or a sheriff’s officer in virtue of a writ in the name of the Sovereign.
Unless specifically otherwise provided, any sheriff or bailiff may execute a writ anywhere in Québec.
The taxable costs of execution are the costs chargeable by a bailiff pursuant to the regulation made under section 13 of the Court Bailiffs Act (chapter H-4.1).
1965 (1st sess.), c. 80, a. 554; 1966, c. 21, s. 10; 1979, c. 37, s. 30; 1982, c. 32, s. 48; 1989, c. 6, s. 3; 1989, c. 57, s. 37; 1995, c. 41, s. 19.
555. The writ must mention the date of the judgment to be executed and the amount of the condemnation; it is prepared by the seizing creditor, and signed and issued by the clerk of the district where the judgment was rendered.
1965 (1st sess.), c. 80, a. 555; 1979, c. 37, s. 31; 1992, c. 57, s. 420.
556. On proof that a writ of execution has been lost or destroyed, the clerk may issue a new one or, if a seizure has already been made, a writ commanding the competent officer to sell the property seized.
The clerk may also issue the last-named writ where the seizure was made before the judgment to be executed was rendered.
1965 (1st sess.), c. 80, a. 556; 1987, c. 48, s. 3; 1992, c. 57, s. 420.
557. In the event of the death of the debtor, the execution commenced upon his property is continued upon the property of his succession.
If execution has not been commenced against the debtor, a judgment cannot, on pain of nullity, be executed against the debtor’s heirs or legatees by particular title or against the liquidator of the succession until 10 days after service. Where service is made upon the liquidator or, if he is unknown, upon the heirs or legatees by particular title according to article 133, the execution is limited to the property of the succession.
1965 (1st sess.), c. 80, a. 557; 1992, c. 57, s. 299; 1999, c. 40, s. 56.
558. A judgment rendered against the representative of an incapable person in that capacity cannot be executed against the incapable person when he has become capable until 10 days after it has been served upon him.
1965 (1st sess.), c. 80, a. 558.
559. A judgment rendered in favour of a legal representative may be executed in his name, even after his functions have terminated. In such case the writ must contain the name and address of the person upon whose requisition it was issued.
1965 (1st sess.), c. 80, a. 559.
560. A judgment which does not order a thing purely personal to the creditor may be executed in his name even after his death; but, if any contestation arises upon the execution, his representatives must intervene.
1965 (1st sess.), c. 80, a. 560.
561. When the judgment orders the performance of any physical act, the officer charged with its execution may use force if necessary for that purpose, observing all prescribed formalities.
1965 (1st sess.), c. 80, a. 561.
562. The first seizure in execution of a judgment must be preceded by a demand of payment, when it is made at the debtor’s domicile or residence or in his presence, and mention of such demand must be made in the minutes of seizure.
1965 (1st sess.), c. 80, a. 562.
563. Any contestation of a seizure of property in execution is within the jurisdiction of the court which rendered the judgment.
1965 (1st sess.), c. 80, a. 563; 1992, c. 57, s. 300.
564. Incidental applications relating to the execution of judgments are made by way of a motion in accordance with articles 78 and 88.
Unless otherwise provided, the special clerk is competent to hear such applications if they are not contested.
1965 (1st sess.), c. 80, a. 564; 1988, c. 21, s. 66; 1992, c. 57, s. 301.
CHAPTER III
COMPULSORY EXECUTION IN MOVABLE OR IMMOVABLE REAL ACTIONS
565. When a party condemned to deliver or surrender property, movable or immovable, fails to do so within the prescribed time, the plaintiff may be placed in possession in virtue of a writ ordering that the defendant be expelled or that the property be taken from him, as the case may be.
In no case may a writ of expulsion be executed on a Saturday or on a non-juridical day, nor unless prior notice of at least 48 hours has been served on the defendant. A judge may, however, give an authorization written and signed with his own hand to disregard a requirement of this paragraph.
1965 (1st sess.), c. 80, a. 565; 1986, c. 55, s. 6; 1999, c. 40, s. 56.
566. The officer entrusted with the execution of the writ must be accompanied by a witness, and must draw up a minute of his proceedings.
1965 (1st sess.), c. 80, a. 566.
567. Contestations on the execution of a writ issued under article 565 are subject to the rules and time limits provided for the contestation of a seizure in execution.
1965 (1st sess.), c. 80, a. 567; 1999, c. 40, s. 56.
CHAPTER IV
COMPULSORY EXECUTION IN PERSONAL ACTIONS
DIVISION I
GENERAL PROVISIONS
568. A judgment for the payment of a sum of money cannot be executed before the expiry of the time limit for appeal; if it is not susceptible of appeal or was rendered by default to appear or to plead, it becomes executory after the expiry of 10 days from the date thereof.
Nevertheless, the creditor may, upon motion accompanied by an affidavit alleging circumstances under which a writ of seizure before judgment might issue, obtain from a judge authorization to seize before the expiry of such time, but the sale of the property seized cannot take place any sooner than if the writ of execution had issued after the expiry of the time limit for appeal.
1965 (1st sess.), c. 80, a. 568; 1999, c. 40, s. 56.
569. A creditor may seize and sell the movable property of his debtor which is in the possession of the latter, that in his own possession and that in the possession of third parties who consent thereto.
He may, in all cases, seize by garnishment in the hands of a third party sums and effects due or belonging to the debtor.
He may also seize in execution the immovable property in the possession of the debtor.
1965 (1st sess.), c. 80, a. 569; 1992, c. 57, s. 302.
570. Bonds, debentures, promissory notes and other instruments payable to order or to bearer, and currency, may be seized like other movable property; shares of corporations are seized in accordance with the provisions of Section III of this chapter.
1965 (1st sess.), c. 80, a. 570.
571. Movables which are immovables by virtue of article 903 of the Civil Code can only be seized with the immovable to which they are attached or joined; they may, however, be seized separately by a prior or hypothecary creditor, or by another creditor if they do not belong to the owner of the immovable.
1965 (1st sess.), c. 80, a. 571; 1992, c. 57, s. 303.
572. A creditor may exercise at the same time the different means of execution allowed him by law.
If he has caused the movable and the immovable property of the debtor to be seized under the same writ, he cannot proceed to the sale of the immovables until after the movable property has been discussed.
1965 (1st sess.), c. 80, a. 572.
573. When the creditor has received part of his judgment claim, he must make mention of it on the back of the writ of execution.
1965 (1st sess.), c. 80, a. 573.
574. Unless the judgment debtor consents, the sale must not proceed beyond the amount necessary to pay the debt in principal, interest and costs. To this end the debtor has a right to determine the order in which the property seized is put up for sale.
1965 (1st sess.), c. 80, a. 574.
575. If the things seized are wholly or partly of a perishable nature or liable to depreciate rapidly, or if the cost of their custody or maintenance is out of proportion to their value, the judge may order them to be sold forthwith without other formalities than those that he prescribes, and the proceeds of the sale deposited in court.
1965 (1st sess.), c. 80, a. 575.
576. All proceedings relating to the compulsory execution of judgments are heard and decided by preference.
1965 (1st sess.), c. 80, a. 576.
577. The adjudication of property under execution transfers the ownership thereof to the purchaser from its date.
1965 (1st sess.), c. 80, a. 577.
578. When the insolvency of the debtor is alleged, the distribution of the moneys levied cannot take place until his creditors generally have been called in by public notice given in accordance with article 139.
The distribution is made pro rata between the ordinary creditors who have filed their claims, which must state the name, occupation and residence of the claimant and the nature and amount of his claim, and be supported by an affidavit that the amount claimed is due, and by vouchers if any.
1965 (1st sess.), c. 80, a. 578.
579. In a seizure of movable property, a judge may, on motion, give such orders as are necessary to render effective the execution, even if they derogate from any provision of articles 605, 606, 608 and 610; he may also authorize the seizing officer, or any other person, to sign any documents upon which the debtor’s signature may be required in order to complete the sale or perfect the title of the purchaser.
1965 (1st sess.), c. 80, a. 579.
DIVISION II
SEIZURE IN EXECUTION OF MOVABLE PROPERTY
§ 1.  — Seizure
580. The writ of seizure of movable property in execution orders the competent officer to levy against the movable property of the debtor the amount of the debt in principal, interest and costs, including those of the execution.
1965 (1st sess.), c. 80, a. 580.
580.1. The writ must also contain, in easily legible type, the text appearing in Schedule 2 to the Code.
1975, c. 83, s. 30.
580.2. The seizing officer must, before making the seizure, read the text provided for in article 580.1 to the debtor if he is present.
1975, c. 83, s. 30.
581. The seizure cannot be made on a non-juridical day, or between 8:00 p.m. and 7:00 a.m., except, in cases of fraudulent removal or when the property is found upon the highway, or with the leave of the clerk, obtained without formality and written on the original and the copies of the writ.
A seizure not completed by 8:00 p.m. may be continued on the following juridical day, upon affixing seals or placing guards.
However, on premises used for commercial, industrial or professional purposes, a seizure begun during legal hours may be continued after such hours and without formality, if the seizing officer considers it necessary in the interest of the parties.
1965 (1st sess.), c. 80, a. 581; 1975, c. 83, s. 31; 1992, c. 57, s. 420.
582. If the seizing officer cannot have the doors opened or if he finds some object locked, he must draw up a minute of the fact and on being shown the minute the clerk may order the opening to be effected by all necessary means in the presence of two witnesses. The order must appear on the original of the minute, which must then be filed in the office of the court. An entry of the order must also be made on the copies of the writ.
By the order provided for in the first paragraph, and without other formality, the seizing officer is authorized to open, by all necessary means, any locked or bolted door of a room situated on the premises or in a dependency, in the presence of two witnesses.
1965 (1st sess.), c. 80, a. 582; 1975, c. 83, s. 32; 1983, c. 28, s. 22; 1992, c. 57, s. 420.
582.1. The leave and the order provided for by articles 581 and 582 may be obtained from the clerk of the district of the place in which the seizure is made, if such district is not that is which the writ was issued.
1975, c. 83, s. 33; 1992, c. 57, s. 420.
583. Subject to articles 583.1 and 583.3, the seizing officer must entrust the property seized to the debtor, who must accept it. If the debtor is a legal person, the seizing officer may entrust the property to the senior officers or to one of them.
The debtor so constituted guardian cannot remove or damage the property, on pain of contempt of court and damages.
1965 (1st sess.), c. 80, a. 583; 1975, c. 83, s. 34; 1977, c. 73, s. 19; 1992, c. 57, s. 304.
583.1. The judge or the clerk may, upon request of the seizing creditor, order that the property seized or to be seized be entrusted in whole or in part to a guardian other than the debtor, if it is impossible to entrust it to the debtor or for any other cause considered sufficient.
1975, c. 83, s. 34; 1977, c. 73, s. 20; 1992, c. 57, s. 420.
583.2. The guardian, if he is not the debtor, must be solvent.
The seizing creditor, his attorney, the seizing officer and their own relatives or connections to the degree of first cousin are not qualified to act as guardian.
1975, c. 83, s. 34; 1977, c. 73, s. 21.
583.3. If the property seized or to be seized is in possession of the seizing creditor or of a third person who consents to the seizure and such possessor is solvent, the seizing officer is not bound to entrust the property seized to the debtor and may appoint such possessor guardian.
1977, c. 73, s. 22; 1983, c. 28, s. 23.
584. The judge or clerk may, in the interest of the parties and upon application of the seizing creditor or of the guardian other than the debtor, authorize such guardian to remove the property seized or to be seized to keep it in his charge, to place guards or to place it under lock and key.
1965 (1st sess.), c. 80, a. 584; 1975, c. 83, s. 35; 1977, c. 73, s. 23; 1992, c. 57, s. 420.
585. If the guardian other than the debtor becomes insolvent or requests his discharge because the sale has not taken place on the date mentioned in the minutes of seizure or for any other cause considered sufficient, the judge or the clerk may permit that he be replaced; if a new guardian is appointed, the property seized is then placed under his care by the seizing officer, who makes a verification thereof and draws up minutes of the whole.
1965 (1st sess.), c. 80, a. 585; 1975, c. 83, s. 36; 1977, c. 73, s. 24; 1992, c. 57, s. 420.
586. If the seizing officer cannot find a solvent guardian, he may, after serving the minutes of seizure upon the debtor, remove the things to a place of safety, until he obtains such a guardian.
1965 (1st sess.), c. 80, a. 586.
587. The officer who finds that property already under seizure has been placed under the care of a guardian other than the debtor must appoint the same guardian, who must accept such appointment.
However, if such guardian is not sufficiently solvent in regard to the amount of the debt, the officer may, with the authorization of the clerk, appoint a new guardian. Such appointment discharges the first guardian.
Notice of the second seizure and, as the case may be, of the application for the appointment of a new guardian, must be given forthwith to the first seizing officer and to the first seizing creditor, who may oppose such application.
1965 (1st sess.), c. 80, a. 587; 1975, c. 83, s. 37; 1977, c. 73, s. 25; 1992, c. 57, s. 420.
588. If there has been an attachment before judgment, no verification is necessary, but it is sufficient to give notice to the debtor and to the guardian of the place, day and hour of sale, as prescribed in article 592 and to publish or post the notice required by article 594.
1965 (1st sess.), c. 80, a. 588.
589. The seizing officer may at any time demand from the seizing creditor advances of money, fixed by the clerk, to cover the costs of safekeeping; if such advances are not paid, the seizure is discharged.
However, where the Minister of Revenue acts as seizing creditor pursuant to the Act to facilitate the payment of support (chapter P-2.2), no advance of money may be demanded by the seizing officer.
1965 (1st sess.), c. 80, a. 589; 1982, c. 32, s. 49; 1992, c. 57, s. 420; 1995, c. 18, s. 81.
590. The seizure is recorded in minutes prepared by the seizing officer and containing:
(a)  the date and nature of the writ of execution;
(b)  the day and hour of the seizure;
(c)  a description of the things seized, and, in the case of items of merchandise, their quantity, weight and measure;
(d)  the name and signature of the guardian, and, in the case of article 582, the signatures of the witnesses;
(e)  a list and the market value of the movable property left to the debtor in accordance with article 552, where the value of the things seized is insufficient to pay the claim of the seizor.
The debtor, if present, must be called upon to sign the minutes which must mention that he was so called upon, and what answer he made, or that he was absent.
1965 (1st sess.), c. 80, a. 590; 1992, c. 57, s. 305.
591. If currency is seized, the number and denominations of the coins and notes must be mentioned in the minutes, and it must forthwith be deposited in court.
1965 (1st sess.), c. 80, a. 591.
592. The seizing officer prepares his minutes in triplicate; he indicates on each triplicate the place, day and hour of the sale, except in the cases to which articles 592.2 to 592.4 apply.
He gives a triplicate of the minutes to the debtor, together with a copy of the writ and, as the case may be, a copy of the authorization obtained for the appointment of a guardian.
If a guardian other than the debtor has been appointed, the officer gives a triplicate of the minutes to such guardian, together with a copy of the order for his appointment.
1965 (1st sess.), c. 80, a. 592; 1975, c. 83, s. 38; 1992, c. 57, s. 306.
592.1. If the debtor has no known residence, domicile or business establishment in the district in which the judgment was rendered, the seizing officer may serve the documents provided for in article 592 upon him at his last known address in Québec or send them to him by registered or certified mail.
If the debtor has no known address in Québec, the documents are left at the office of the court.
1975, c. 83, s. 38; 1999, c. 40, s. 56.
592.2. Where the property seized is the property of an enterprise and includes a property or a group of properties of which the market value is estimated to be $6,000 or more according to the valuation of the seizing officer, the seizing officer must obtain from the registrar a certified statement of the rights granted by the debtor on the property or group of properties and registered in the register of personal and movable real rights.
Where the property seized is not the property of an enterprise, the seizing officer must also obtain such a certified statement if the property includes a road vehicle or other movable property, or a group of such properties, which, according to the regulation under article 2683 of the Civil Code, may be hypothecated and of which the market value is estimated to be $1,000 or more according to the valuation of the seizing officer.
1992, c. 57, s. 307; 1998, c. 5, s. 21.
592.3. Where the seizing officer ascertains that rights have been granted by the debtor in the seized property, he must, under penalty of all damages, promptly serve on the holders of published rights, at the address registered in the register of personal and movable real rights, a certified copy of his minutes of seizure and the notice of sale; he must also inform the seizing creditor of the existence of the rights granted by the debtor.
1992, c. 57, s. 307.
592.4. Where seized property is charged with a hypothec, the seizing creditor, a creditor or the debtor may apply to the court or to the judge for the fixation of a reserve price or the determination of any other condition of sale he considers necessary.
The application must be brought within five days after the service of a certified copy of the minutes of seizure. The application is served on the seizing officer and, where applicable, on the seizing creditor, the debtor and any other creditor having received a copy of the minutes of seizure; unless the court decides otherwise, the costs are borne by the applicant. The decision of the court on the application is without appeal.
Unless the court or the judge decides otherwise, the application stays execution for as long as the application is pending.
1992, c. 57, s. 307.
593. The property must be sold at the place where it has been seized or where the guardian has deposited it, unless the clerk has authorized the seizing officer to sell it in whole or in part at a more suitable place.
1965 (1st sess.), c. 80, a. 593; 1992, c. 57, s. 420.
594. The seizing officer must publish in a newspaper distributed in the locality where the sale is to take place, not less than 10 days before the date fixed for the sale, a notice of sale containing
(a)  the case number and the nature of the writ;
(b)  the names of the seizing creditor and the debtor; if there are several seizing creditors or debtors, the name of the first appearing in the writ, with an indication that there are others;
(c)  the nature of the seized property;
(d)  the reserve price, if any;
(e)  the place, day and hour of the auction sale of the property;
(f)  the name of the seizing officer and the district where he performs his duties.
If publication in a newspaper is impossible or impractical, the notice is posted in the territory of the municipality where the sale is to take place, at the entrance of the office of the municipality or at any other public place determined by the seizing officer.
1965 (1st sess.), c. 80, a. 594; 1977, c. 73, s. 26; 1992, c. 57, s. 308; 1996, c. 2, s. 215.
594.1. The seizing officer must, where he ascertains that rights have been granted by the debtor in the seized property, serve on the person from whom it was seized, without delay, a certified copy of the notice of sale.
1992, c. 57, s. 308.
595. (Repealed).
1965 (1st sess.), c. 80, a. 595; 1975, c. 83, s. 39; 1992, c. 57, s. 309.
595.1. Notwithstanding the provisions of this Code, particularly of articles 593, 594, 605, 606, 611 and 613, property seized in a judicial district designated by regulation of the Government may be sold at the place and in accordance with the formalities, terms and conditions prescribed by such regulation.
1975, c. 83, s. 40; 1992, c. 57, s. 310.
§ 2.  — Opposition to Seizure in Execution
596. The debtor may by opposition demand the nullity in whole or in part of a seizure in execution:
(1)  on the ground of an irregularity in the seizure, which causes him a serious prejudice, saving the power of the court to authorize the seizing creditor to remedy the irregularity, if possible;
(2)  on the ground of the property being exempt from seizure;
(3)  on the ground of the extinction of the debt;
(4)  on any other ground of a nature to affect the judgment sought to be executed.
1965 (1st sess.), c. 80, a. 596.
597. The opposition may also be taken by a third party who has a right to revendicate any part of the property seized.
1965 (1st sess.), c. 80, a. 597.
598. The motion to oppose must be served on the seizing officer, on the seizing creditor and, where it is presented by a third person, on the debtor; it must also be served on any person having registered, in the register of personal and movable real rights, rights on the property that is the subject of the opposition.
A motion to oppose in matters concerning support is heard and decided by preference.
1965 (1st sess.), c. 80, a. 598; 1980, c. 21, s. 5; 1992, c. 57, s. 311.
599. The service of the motion to oppose stays the execution; the seizing officer must forthwith return the writ of execution to the clerk who issued it, together with all proceedings relating to the execution. However, in the case of a seizure under article 641, the service of the motion to oppose suspends only the distribution of the sums seized.
Notwithstanding the first paragraph, service of the motion to oppose a seizure under article 640.1, 641 or 651.1 for the execution of a judgment awarding support does not suspend the distribution of the sums of money seized, unless, on exceptional grounds, a judge acting in chambers orders such distribution suspended.
If, however, the opposition is founded on grounds which only go to reduce the amount claimed, or to withdraw from seizure a part of the property seized, the seizing officer is bound, unless a judge has ordered all proceedings to be stayed, to proceed with the execution in virtue of a copy, prepared by him, of the writ and of the minutes of seizure, either to satisfy the uncontested part of the claim, or to sell the property against which the opposition is not directed.
1965 (1st sess.), c. 80, a. 599; 1992, c. 57, s. 312; 1993, c. 72, s. 22.
600. (Repealed).
1965 (1st sess.), c. 80, a. 600; 1969, c. 81, s. 10; 1992, c. 57, s. 313.
601. (Repealed).
1965 (1st sess.), c. 80, a. 601; 1992, c. 57, s. 313.
602. (Repealed).
1965 (1st sess.), c. 80, a. 602; 1992, c. 57, s. 313.
603. An opposition by a person who has already made an opposition cannot stop the execution, unless it is based on facts which occurred subsequently to the first opposition, and then only upon order of the judge. The application for a suspension of proceedings, which may be made orally, must be preceded by one clear day’s notice to the seizing creditor, unless the judge dispenses with such notice.
1965 (1st sess.), c. 80, a. 603.
604. The creditors of the debtor cannot oppose the seizure or the sale.
However, prior and hypothecary creditors may exercise their rights upon the proceeds of the sale; for that purpose, they file with the seizing officer, within 10 days after the sale, a statement of their claim, supported by an affidavit and the necessary vouchers, which documents must also be served on the debtor. Within 10 days of service of a statement of a prior or hypothecary claim, the debtor may apply to the court or to the judge to contest the claim.
1965 (1st sess.), c. 80, a. 604; 1992, c. 57, s. 314.
§ 3.  — Sale of Property Seized
605. A sale of property seized cannot be commenced before 10:00 a.m. or continued after 5:00 p.m.
1965 (1st sess.), c. 80, a. 605.
606. If there is nothing to prevent the sale of the property seized, it takes place on the day and at the hour and place mentioned in the notices.
If the sale could not take place because there was no bidder, by application of articles 610.2 to 610.4 or because of any obstacle subsequently removed, the officer cannot proceed until new notices and publications have been given.
Where the judge has determined a reserve price or a condition of sale pursuant to article 592.4 and no bid has been made, the seizing officer cannot publish new notices of sale until the court or the judge has fixed a new reserve price or modified the condition of sale.
1965 (1st sess.), c. 80, a. 606; 1977, c. 73, s. 27; 1992, c. 57, s. 315.
607. A first seizing creditor who fails to proceed with diligence cannot prevent the sale by a second seizing creditor.
1965 (1st sess.), c. 80, a. 607.
608. At the time fixed for the sale, the guardian is bound to produce all the effects seized which were placed in his charge, on pain of all damages. A debtor who fails to produce the effects left in his charge is also guilty of contempt of court.
1965 (1st sess.), c. 80, a. 608.
609. The guardian has a right to a discharge or receipt for the property which he produces, and the minutes of sale must mention any property which has not been produced.
1965 (1st sess.), c. 80, a. 609.
610. The article seized is adjudged to the highest bidder, subject to payment to the officer conducting the sale. Payment may be made by remitting a sum of money, a money order, a certified cheque or other similar instrument of payment, or by means of a credit card or a transfer of funds to an account of the officer in a financial institution; if payment is not made, the article is immediately put up for sale again. The charges relating to the use of a credit card are paid by the successful bidder.
If there is only one bidder, the article must be adjudged to him.
The officer conducting the sale cannot, either directly or indirectly, bid upon or become purchaser of the property put up for sale.
1965 (1st sess.), c. 80, a. 610; 1984, c. 46, s. 6; 1992, c. 57, s. 316.
610.1. The officer conducting the sale may, in the interest of the creditor and the debtor, fix an opening bid for the property he offers for sale.
1975, c. 83, s. 41.
610.2. Notwithstanding the second paragraph of article 610, if there is only one bid and the amount offered is clearly insufficient in relation to the market value of the property, the officer conducting the sale may, in the interest of the creditor and the debtor, either withdraw the property and put it up for sale again, with or without an opening bid, or terminate the sale of that property.
1975, c. 83, s. 41.
610.3. If the officer conducting the sale considers the number of prospective purchasers insufficient, he may, in the interest of the creditor and the debtor, terminate the sale.
1975, c. 83, s. 41.
610.4. If the officer conducting the sale considers there is collusion between the prospective purchasers or the bidders to limit the number or amount of bids, to the prejudice of the creditor or the debtor, he may either refuse the bid of the highest bidder and withdraw the property, and put it up for sale again, with or without an opening bid, or terminate the sale of that property.
1975, c. 83, s. 41.
610.5. In the application of articles 610.1 to 610.4, the decision of the officer conducting the sale is final. No judicial proceeding may be instituted against him if he acted in good faith in the performance of his duties.
1975, c. 83, s. 41.
611. The officer conducting the sale must make minutes thereof containing a list of the articles put up for sale and, opposite each, the names and residence of the purchaser and the purchase price.
1965 (1st sess.), c. 80, a. 611.
611.1. If the property sold was charged with a hypothec, the seizing officer issues to the successful bidder, on payment of the purchase price, a certificate of sale containing:
(1)  The nature of the writ, the case number and the names and designations of the parties;
(2)  A description of the property sold;
(3)  The date and place of the sale;
(4)  The purchase price paid.
The successful bidder acquires the property free from any hypothec.
The seizing officer must also transmit a notice of the certificate of sale to the registrar who shall, where applicable, make the required cancellations.
1992, c. 57, s. 317.
612. No demand to annul or rescind the sale can be received against a purchaser who has paid the price, saving the case of fraud or collusion.
1965 (1st sess.), c. 80, a. 612.
§ 4.  — Return of Writ and Distribution
613. Within 10 days after expiry of the time allowed prior or hypothecary creditors to file a statement of their claim, the seizing officer, if no statement has been filed with him, pays to the seizing creditor the moneys seized or levied, after deducting the taxed costs, and files his minutes of seizure and sale at the office of the court.
1965 (1st sess.), c. 80, a. 613; 1975, c. 83, s. 42; 1983, c. 28, s. 24; 1992, c. 57, s. 318.
614. If the seizing officer has ascertained that rights have been granted in the seized property, he prepares a scheme of collocation and serves a certified copy on the debtor and the creditors.
If the scheme is not contested by the debtor or any creditor within 10 days after its service, the seizing officer distributes the moneys. Otherwise, he returns the moneys to be adjudged by the court to those entitled thereto; the same applies in the case of insolvency of the debtor. However, the seizing officer is not required to prepare a scheme of collocation where the moneys levied do not exceed the legal costs.
After the distribution, the seizing officer files his minutes of seizure and sale and the scheme of collocation at the office of the court.
1965 (1st sess.), c. 80, a. 614; 1992, c. 57, s. 318.
615. The distribution of the proceeds of the sale is made in the following order:
(1)  Legal costs;
(2)  The claims of the prior or hypothecary creditors, if they have filed a statement of their claim supported by an affidavit and the necessary vouchers;
(3)  The claim of the seizing creditor, if unsecured.
In the case of insolvency of the debtor, the distribution among unsecured creditors is made in accordance with article 578.
1965 (1st sess.), c. 80, a. 615; 1992, c. 57, s. 318.
616. Legal costs are collocated in the following order:
(1)  Costs of the scheme of collocation;
(2)  Duties and fees due on the moneys levied or deposited;
(3)  Costs of seizure and sale, including those of the guardian appointed by the seizing officer, as well as the guardian’s remuneration taxed by the clerk;
(4)  Costs of incidental proceedings subsequent to the judgment;
(5)  Costs of suit of the seizing creditor.
1965 (1st sess.), c. 80, a. 616; 1992, c. 57, s. 318.
616.1. The rules of articles 711 to 732 relating to the scheme of collocation and the payment of the moneys levied following the seizure of immovables in execution apply, with the necessary adaptations, to the seizure of movables in execution; however, the summons provided for in article 723 may in no case require a person to appear before the seizing officer.
1992, c. 57, s. 318.
DIVISION III
SEIZURE IN EXECUTION OF SHARES OF COMPANIES
617. The seizure of shares of companies is effected by the seizure of the certificates which represent them, made in virtue of a seizure in execution or of a seizure by garnishment, and notified to the company which issued them or to its transfer agent in Québec.
Such notification is made by the seizing officer by serving a copy of the writ of seizure or of the judgment rendered in virtue of article 639, as the case may be, accompanied by an exact description of the certificates and a notice that all the shares represented thereby are seized.
1965 (1st sess.), c. 80, a. 617.
618. The seizure of shares of the debtor in a company which has its head office in Québec, and whose shares are not listed or traded on a recognized stock exchange, may also be made by seizure by garnishment in the hands of the company that issued them. Such seizure by garnishment prohibits the company from making, completing or entering upon its books any transfer of the shares, and orders it to appear and declare:
(1)  the number of shares upon the books of the company in the name of the debtor, with sufficient particulars to describe them exactly;
(2)  the extent to which the shares are paid up; and
(3)  the dividends declared thereon but not paid.
1965 (1st sess.), c. 80, a. 618.
619. The seizure of shares under articles 617 and 618 carries with it the seizure by garnishment of the dividends and any other rights attached thereto.
1965 (1st sess.), c. 80, a. 619.
620. Oppositions to the seizure, and contestations of the declaration of the company, are subject to the ordinary rules applicable to seizure in execution of movable property and to seizure by garnishment.
1965 (1st sess.), c. 80, a. 620.
621. The officer in charge of the sale must conform to the conditions and restrictions to which the transfer of the shares is subject under the constituting act and by-laws of the company.
The notices of sale must contain the number and description of the shares and any conditions affecting their transfer.
1965 (1st sess.), c. 80, a. 621; 1992, c. 57, s. 319.
622. The sale of shares cannot take place until after the expiry of 30 days from the publication of the notices of sale.
Shares listed and traded upon a recognized stock exchange are sold there through a broker according to the rules and customs of the stock exchange; other shares are sold in the manner provided in the chapter on the seizure in execution of movable property.
The judge may order that the sale be made in one or several blocks.
1965 (1st sess.), c. 80, a. 622.
623. If the officer conducting the sale does not have the share certificates in his possession, he must give to the purchaser a statement in writing that the shares therein mentioned have been adjudged to him.
1965 (1st sess.), c. 80, a. 623.
624. Subject to the preceding articles, the seizure in execution of shares of companies is subject to the rules provided in Sections II and IV of this chapter, so far as they are applicable.
1965 (1st sess.), c. 80, a. 624.
DIVISION IV
SEIZURE BY GARNISHMENT
§ 1.  — General Rules
625. Seizure by garnishment is effected by the service on the garnishee and on the judgment debtor of a writ of seizure by garnishment. The writ orders the garnishee to appear on the day and at the hour fixed to declare under oath what sums of money he owes to the debtor or will have to pay him and what movable property he has in his possession belonging to him, and not to dispossess himself thereof until the court has pronounced upon the matter. The writ also summons the debtor to appear on the day fixed and show cause why the seizure should not be declared valid.
If the debtor has no known domicile, residence or business establishment in the district where judgment was rendered, the writ is served upon him at the office of the court.
1965 (1st sess.), c. 80, a. 625; 1992, c. 57, s. 320; 1999, c. 40, s. 56.
Not in force
625.1. A writ of seizure by garnishment for the execution of a judgment awarding support may be served by registered or certified mail.
1988, c. 56, s. 2.
626. The effect of seizure by garnishment is to place under judicial control the sums of money and movable property belonging to the debtor and to make the garnishee the guardian thereof.
1965 (1st sess.), c. 80, a. 626.
627. The debtor may, within five days from his appearance, by motion, oppose the seizure by garnishment and ask that it be declared null.
1965 (1st sess.), c. 80, a. 627.
628. The garnishee must make his declaration under oath before the clerk of the district where the writ issued. The garnishee may, after giving notice to the seizing creditor and judgment debtor, make his declaration before the day mentioned in the writ, and, if he has not been tendered his travelling expenses, he may even make it before the clerk of the district where he resides, and forthwith transmit it to the clerk of the district where the writ issued.
1965 (1st sess.), c. 80, a. 628; 1992, c. 57, s. 420.
629. The declaration of a legal person, a general or limited partnership or an association within the meaning of the Civil Code must be made by an attorney in virtue of a general or special power. That of a natural person may be made by an attorney in virtue of a special power; but in such case the seizing creditor may thereafter obtain from the clerk an order for the personal appearance and examination of the garnishee.
The declaration of a municipality may be made by its treasurer or its clerk or secretary-treasurer without a power of attorney; the declaration of a school board may be made by its director general without a power of attorney.
1965 (1st sess.), c. 80, a. 629; 1966, c. 21, s. 11; 1988, c. 84, s. 553; 1992, c. 57, s. 321, s. 420; 1999, c. 40, s. 56.
630. The garnishee must declare the amount, cause and conditions of his indebtedness to the debtor at the time of the service of the writ upon him and of any indebtedness that has since accrued. He must if necessary furnish a detailed statement of the movable property in his possession belonging to the debtor, and declare by what title he holds it. He must in all cases declare any other seizures made in his hands.
1965 (1st sess.), c. 80, a. 630.
631. A company, not incorporated by royal charter or by virtue of an act of the Parliament of Canada or of the Parliament of Québec, must, if the amount that it owes the judgment debtor is not sufficient to satisfy the judgment, declare, besides the amount of its present indebtedness to the debtor, the latter’s interest, if any, in the company. The seizure remains binding and if the company again becomes indebted to the judgment debtor, or is dissolved, the garnishees must make a new declaration, in default of which they become subject to the same responsibility as a garnishee who fails to make his declaration.
In order to render such seizure effectual, the judge may order the production of such books, documents and statements, allow the examination of such witnesses, and give such other orders, as he deems necessary.
1965 (1st sess.), c. 80, a. 631; 1968, c. 9, s. 90; 1992, c. 57, s. 322.
632. The garnishee, when he makes his declaration, may be questioned by the seizing creditor and the debtor, and, with the permission of the judge, be required to produce any document tending to prove that he is indebted to the debtor.
Any difficulty that arises during the examination must be submitted forthwith to the judge in chambers for decision.
1965 (1st sess.), c. 80, a. 632.
633. The garnishee is entitled to be taxed as a witness, and he may retain the amount of the taxation out of the sums which he owes. If he owes nothing, such taxation may be enforced by execution against the seizing party.
1965 (1st sess.), c. 80, a. 633.
634. Any garnishee who fails to declare or deposit pursuant to article 641 is, upon inscription for judgment, condemned as personal debtor of the seizing creditor to the payment of his claim, provided that the writ has been served upon him in the manner provided in the second paragraph of article 123 or in articles 129 and 130 or, if the writ has been served by mail, service has been proved in accordance with the second paragraph of article 146.
If the seizing creditor fails to inscribe for judgment within 10 days, the debtor may do so himself and execute the judgment in the name of the seizing creditor, or he may demand the dismissal of the seizure with costs against the seizing creditor.
A garnishee may, however, obtain leave to declare or deposit at any time, even after judgment, upon payment of the sums he should have withheld and deposited since the service of the writ of seizure and of all costs incurred by his default.
1965 (1st sess.), c. 80, a. 634; 1980, c. 21, s. 6; 1993, c. 72, s. 9.
635. The seizing creditor or the debtor may contest the garnishee’s declaration within 10 days from the declaration or from the judgment rendered upon an opposition to the seizure by garnishment.
1965 (1st sess.), c. 80, a. 635.
636. If a garnishee declares that he is not indebted to the debtor, and he cannot be proved to be so, he, or the debtor, may obtain from the clerk a discharge from the seizure with costs against the seizing party.
1965 (1st sess.), c. 80, a. 636; 1992, c. 57, s. 420.
637. If the affirmative declaration of the garnishee is not contested and does not show the existence of another seizure by garnishment in his hands, the clerk, upon an inscription by either party, orders the garnishee to pay to the seizing creditor the amounts which he owes to the judgment debtor to the extent of the amount of the judgment in capital, interest and costs. To that extent the order of the clerk effects an assignment, in favour of the seizing creditor, of the judgment debtor’s claim, from the date of the seizure. Such order must be served on the garnishee and becomes executory 10 days later.
1965 (1st sess.), c. 80, a. 637; 1992, c. 57, s. 420.
638. If the garnishee declares that he has in his possession movable property, the judgment orders that it be sold, and the garnishee must deliver it to the officer charged with selling it. In the case of currency, bank notes, current moneys, negotiable securities or titles of debt payable to bearer, the garnishee may be ordered to deposit them in the office of the court, or to deliver them to a designated person, according to circumstances.
The proceeds of sale of the movable property are distributed in the manner prescribed in articles 613 to 616.
1965 (1st sess.), c. 80, a. 638.