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C-25.01 - Code of Civil Procedure
Section 535.5
Disposition versions
535.5. The preliminary exceptions and incidental applications that a party intends to raise must be disclosed in writing to the other party; the written disclosure must be filed with the court office within 45 days after service of the summons and the other party may make representations in writing within 10 days after the disclosure. The preliminary exceptions and incidental applications are subsequently presented before the court, if applicable.
Any preliminary exceptions and incidental applications that could not be disclosed before the expiry of the time limit are presented before the court as soon as possible.
On the expiry of the time limit for making written representations, an application for dismissal of the proceeding based on a declinatory exception or on an exception to dismiss may be denied on the face of the record and an application for the stay of the proceeding arising from a preliminary exception or an incidental application may be decided on the face of the record.
In force: 2023-06-30
535.5. The preliminary exceptions and incidental applications that a party intends to raise must be disclosed in writing to the other party; the written disclosure must be filed with the court office within 45 days after service of the summons and the other party may make representations in writing within 10 days after the disclosure. The preliminary exceptions and incidental applications are subsequently presented before the court, if applicable.
Any preliminary exceptions and incidental applications that could not be disclosed before the expiry of the time limit are presented before the court as soon as possible.
On the expiry of the time limit for making written representations, an application for dismissal of the proceeding based on a declinatory exception or on an exception to dismiss may be denied on the face of the record and an application for the stay of the proceeding arising from a preliminary exception or an incidental application may be decided on the face of the record.
