C-72.01, r. 1.1 - Municipal Courts Regulation

Section 45 Disposition versions

2024-07-01

45. Postponement and cancellation of subpoena or summons. No case set for trial may be postponed solely by the consent of the parties or by reason of their absence.

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 submit the application to the judge assigned to a municipal court, where only one judge is assigned to the court. In municipal courts where more than one judge is assigned, the application is submitted to the coordinating judge.

Except with permission from one of the above judges, an application for the postponement of a case set for trial must be presented in writing, with reasons, at least 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.

Despite the time limit set out in the third paragraph, if the reasons for the postponement become known less than 10 days before the date set for the trial, the assigned judge or, in the case of a municipal court where more than one judge is assigned, the coordinating judge may receive a written application for postponement, and decides it in the best interest of justice.

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

O.C. 1141-2021, s. 45; S.Q. 2023, c. 31, s. 65.

2021-09-16

45. Postponement and cancellation of subpoena or summons. No case set for trial may be postponed solely by the consent of the parties or by reason of their absence.

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 submit the application to the president judge, the judge responsible for the court or the judge.

Except with permission from one of the above judges, an application for the postponement of a case set for trial must be presented in writing, with reasons, at least 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.

Despite the time limit set out in the third paragraph, if the reasons for the postponement become known less than 10 days before the date set for the trial, the president judge, the judge responsible for the court or the judge may receive a written application for postponement, and decides it in the best interest of justice.

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

O.C. 1141-2021, s. 45.

Not in force

In force: 2021-09-16

45. Postponement and cancellation of subpoena or summons. No case set for trial may be postponed solely by the consent of the parties or by reason of their absence.

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 submit the application to the president judge, the judge responsible for the court or the judge.

Except with permission from one of the above judges, an application for the postponement of a case set for trial must be presented in writing, with reasons, at least 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.

Despite the time limit set out in the third paragraph, if the reasons for the postponement become known less than 10 days before the date set for the trial, the president judge, the judge responsible for the court or the judge may receive a written application for postponement, and decides it in the best interest of justice.

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

O.C. 1141-2021, s. 45.