C-25.01, r. 9 - Regulation of the Court of Québec

Section 28 Disposition versions

2021-04-01

28. Postponement and cancellation of a subpoena or summons. No case set for trial may be postponed solely by the consent of the parties or by reason of their absence. In proceedings for the recovery of a small claim, article 557 of the Code of Civil Procedure (chapter C-25.01) applies.

A party foreseeing that it will not be able to proceed on the date set by the court or applying to have a subpoena or summons cancelled must immediately notify the opposing party and make an application for that purpose to the coordinating judge, associate coordinating judge or a judge designated by either of them.

Except with permission from one of the above judges, any application for the postponement of a case set for trial must be presented in writing, with reasons, 10 days before the date set for the trial.

Prior notice of the application of 3 working days must be given to all the parties.

Notwithstanding the time limit provided for in the third paragraph, if the reasons for the postponement are known less than 10 days before the date set for the trial, the coordinating judge, the associate coordinating judge or a judge designated by one of the former may receive a written application for postponement and make a decision in the best interests of justice.

When the postponement is granted, the reasons for the decision are entered in the record.

O.C. 1099-2015, s. 28; O.C. 201-2021, s. 8.

2016-01-01

28. Postponement and cancellation of a subpoena or summons. No case set for trial may be postponed solely by the consent of the parties or by reason of their absence. In proceedings for the recovery of a small claim, article 557 of the Code of Civil Procedure (chapter C-25.01) applies.

When a party foresees that it will not be able to proceed on the date set by the court or requests the cancellation of a subpoena or summons, it must immediately notify the opposing party and the coordinating judge, associate coordinating judge or a judge designated by one of the former and present an application for that purpose.

Except with permission from one of the above judges, any application for the postponement of a case set for trial must be presented in writing, with reasons, 10 days before the date set for the trial.

Prior notice of the application of 3 working days, excepting Saturdays, must be given to all the parties.

Notwithstanding the time limit provided for in the third paragraph, if the reasons for the postponement are known less than 10 days before the date set for the trial, the coordinating judge, the associate coordinating judge or a judge designated by one of the former may receive a written application for postponement and make a decision, ensuring that the best interests of justice are served.

When the postponement is granted, the reasons for the decision are entered in the record.

O.C. 1099-2015, s. 28.