C-25.01 - Code of Civil Procedure

Section 291 Disposition versions

2016-01-01

291. The judge may examine a minor or an incapable person of full age in the courtroom or in chambers. If it is in the interests of an incapable person of full age to do so, the court, after advising the parties, may examine the person where they reside or are confined, or in any other suitable place. If the circumstances so require, the judge, after advising the parties, may examine the minor or person outside their presence.

The examination by a judge in chambers, or elsewhere outside the courtroom, is conducted in the presence of the court clerk and, if the minor or person is represented by a lawyer, the person’s lawyer. The parties’ lawyers attend the examination unless the judge decides to examine the minor or person outside their presence, in which case the judge’s decision must give reasons.

The deposition is recorded and sent to the parties on request.

2014, c. 1, a. 291.