C-25.01, r. 4 - Rules of Practice of the Superior Court of Québec in Civil Matters

Section 16 Disposition versions

2012-09-01

16. Inactive records. Having given notice to the parties or their attorneys, the Chief Justice or the Judge designated by him may call the cases on the roll wherein no certificate of readiness has been filed within a year of their inscription and, upon motion, the cases in which the plaintiff has not filed his declaration of inscription within 90 days of the inscription. The Chief Justice or the Judge designated by him then has discretion to strike the case off the roll, to postpone it to a later date, to declare a party foreclosed or take any other measure consistent with the proper administration of justice.

Under the simplified procedure, the one-year period is reduced to 3 months and the 90-day period is reduced to 30 days.

R.R.Q., 1981, c. C-25, r. 8, Rule 16; Decision 84-10-19; Decision 88-03-07, s. 1; Decision 97-01-31, s. 4; Decision 98-10-16, s. 2.