C-25, r. 4 - Regulation of the Court of Québec

Section 87 Disposition versions

2012-09-01

87. Only the Attorney General or his representative, the prosecutor, the accused or his attorney may request the annulment of the summoning of witnesses in a case inscribed on the roll for hearing.

Such a request shall be made by motion, to be presented to the Practice Division at least 3 days before the date set for the hearing, and a copy of the motion shall be filed with the office of the coordinating judge or associate coordinating judge, as the case may be, within the same period.

Notwithstanding the second paragraph, for the judicial districts of Montréal and Québec, the motion must be presented at least 8 days before the date set for the hearing.

This motion shall indicate:

(1)  the nature of the charge for which the petitioner is requesting an order of annulment of the opening date of the hearing;

(2)  the details of all the motions for adjournment already made by the accused or the prosecutor;

(3)  the estimated duration of the hearing;

(4)  the detailed grounds for the motion for adjournment and, if this motion is justified by the absence of a witness, the name of the latter.

O.C. 673-2003, s. 87.