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

Section 77 Disposition versions

2012-09-01

77. Written proceedings

(a)  Declaration that a file is complete (DFC). The declaration pursuant to Article 274.1 of the Code of Civil Procedure (chapter C-25), as with that under Article 274.2, must include, in addition, a summary statement of the questions in dispute, the object of the testimony of each witness and whether the witness will testify in English or in French, or whether an interpreter will be required, and a confirmation that the party’s file is complete and ready for trial on the merits.

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

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

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

Decision 2001-06-14, s. 4; Decision 2003-06-30, s. 7.