C-25 - Code of Civil Procedure

Section 965 Disposition versions

2003-01-01

965. The options available to the defendant are

(1)  to pay the amount claimed and the plaintiff’s disbursements, either to the clerk or to the plaintiff, in the latter case forwarding proof of payment or the acquittance obtained from the plaintiff to the clerk; or

(2)  to make a settlement with the plaintiff, and send a copy of the agreement to the clerk;

(3)  to contest the merits of the action, and so advise the clerk, specifying the grounds for the contestation.

In addition, a defendant who chooses to contest the action may

(1)  request that the dispute be referred to mediation;

(2)  apply for the referral of the case to another judicial district or to another court, specifying the grounds for the request;

(3)  request that another person be impleaded to allow a complete resolution of the dispute, in which case the defendant informs the clerk of the person’s name and last known address; and

(4)   make a counter-claim against the plaintiff provided it arises out of the same source as the plaintiff’s claim or from a related source and is admissible under this Book.

1971, c. 86, s. 1; 1975, c. 83, s. 66; 1996, c. 5, s. 58; 2002, c. 7, s. 148; 2002, c. 54, s. 6.

1997-01-01

965. If the debtor is in default to answer, the judge or the special clerk, as the case may be, renders judgment after examining the exhibits in the record or, if he considers it necessary, after hearing the proof of the creditor.

However, in the cases provided for in article 194, the clerk may render judgment in accordance with the said article.

1971, c. 86, s. 1; 1975, c. 83, s. 66; 1996, c. 5, s. 58.

1977-12-31

965. If the debtor is in default to answer, the judge renders judgment after examining the exhibits in the record or, if he considers it necessary, after hearing the proof of the creditor.

However, in the cases provided for in article 194, the clerk may render judgment in accordance with the said article.

1971, c. 86, s. 1; 1975, c. 83, s. 66.