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

Section 15 Disposition versions

2012-09-01

15. Certificate of readiness. No action introduced by a declaration and contested on the merits shall be placed on the roll for hearing, unless a certificate of readiness complying with Form III, issued by the Clerk, is filed in the record. As soon as the certificate is filed, the Clerk shall so notify the parties and their attorneys.

The Clerk shall issue the certificate when each party, except any party who has not contested, has served and filed in the record a declaration of inscription on the roll for hearing complying with Form II. Such declaration shall be accompanied by a list of the exhibits communicated.

Failure on the part of a party to file such declaration within the prescribed time gives rise, in particular, to the application of Article 477 of the Code of Civil Procedure (chapter C-25).

The declaration of inscription on the roll shall be made by the attorney under his oath of office; a sworn declaration shall be made by a party that is not represented by an attorney.

The party on whom the declaration of inscription on the roll is served has 60 days to serve and file his declaration of inscription on the roll; that period shall be reduced to 30 days under the simplified procedure. Failing compliance, the party is foreclosed from doing so. At the expiry of the period, the Clerk shall issue the certificate of readiness. Thereafter, the foreclosed party may not file his declaration without authorization by the Court.

R.R.Q., 1981, c. C-25, r. 8, Rule 15; Decision 84-10-19; Decision 86-03-12, s. 2; Decision 91-06-21, s. 1; Decision 92-06-01, s. 2; Decision 94-06-23, ss. 1 and 7; Decision 95-06-22, s. 10; Decision 96-09-16, s. 5; Decision 97-01-31, s. 3; Decision 98-10-16, s. 2; Decision 99-05-03, s. 1.