C-25.01, r. 6 - Rules of practice of the Superior Court of Québec in family matters

Section 42 Disposition versions

2012-09-01

42. In each of the judicial districts of Québec, the Divorce Division shall be administered by the Clerk. The duties of the Clerk shall be as follows:

(a)  To file separately the divorce records and to keep registers, an index, a court ledger and a special register available to the public where every divorce judgment is entered without delay;

(b)  To receive and register the applications after ascertaining that they comply with the requirements of the Divorce Act (R.S.C. 1985, c. 3 (2nd Suppl.)) and of the Rules of Practice;

(c)  To keep a register of proceedings containing;

i.  with respect to the application, the names and addresses of the parties and the date of filing;

ii.  with respect to the divorce judgment, the names and addresses of the parties and the date it was rendered;

(d)  To fill out the forms required by the Rules of Practice or the regulations made pursuant to the Divorce Act;

(e)  Once the divorce has taken effect, to issue a certificate of divorce in accordance with Form IX, upon request;

(f)  In accordance with Section 17(11) of the Divorce Act, to forward, when the Court has issued an order varying a support order or custody order of another court, a certified true copy of the variation order to the other court or to any other court which had varied the original order;

(g)  To forward, in the case of a provisional order, the documents provided for in Sections 18(3) and 18(6) of the Act;

(h)  To serve upon the applicant or the applicant’s attorney the notice provided for in Section 18(5) of the Act at least 10 days before the date fixed for submitting further evidence;

(i)  To serve upon the parties the notice provided for in Section 19(2) of the Act, in accordance with Form X, accompanied by a copy of the documents received from the court which issued the provisional order;

(j)  As required by Section 19(12) of the Act, to send a certified true copy of any order issued under Section 19(7) of the Act;

(k)  To forward to the competent court, following a transfer order issued under Section 6 of the Act, a true copy of the record and the order;

(l)  To hire the personnel necessary for the performance of the Clerk’s duties, including Deputy-Clerks, according to the number of proceedings filed in the Office of the Court for which the Clerk shall have complete responsibility.

Decision 84-10-19, s. 3; Decision 86-02-28, s. 20; Decision 98-10-16, s. 2.