C-25 - Code of Civil Procedure

Section 44.1 Disposition versions

2003-01-01

44.1. The special clerk rules, in particular:

(1)  on any motion, contested or not, for joinder of actions, security, summons of a witness under article 282, communication, filing or dismissal of exhibits, medical examination, particulars, amendment, modification of an agreement under article 151.2, substitution of attorney, appointment of a practitioner or relief from default, or to cease representing, and

(2)  on any other interlocutory or incidental proceeding, contested or not but, if contested, with the consent of the parties.

The special clerk may, in the case of applications relating to child custody or obligations of support, homologate any agreement effecting a complete settlement of the matter. Once homologated, such agreements have the same effect and binding force as a judgment of the Superior Court.

In all cases, the decision may be revised by the judge in accordance with the formalities provided in article 42.

1975, c. 83, s. 5; 1976, c. 9, s. 54; 1977, c. 73, s. 4; 1992, c. 57, s. 420; 1994, c. 28, s. 1; 1997, c. 42, s. 2; 2002, c. 7, s. 6.

1997-09-01

44.1. The special clerk rules, in particular:

(1)  on any motion, contested or not, for joinder of actions, security, summons of a witness under article 282, communication, filing or dismissal of exhibits, medical examination, particulars, amendment, substitution of attorney, appointment of a practitioner or relief from default, or to cease representing, and

(2)  on any other interlocutory or incidental proceeding, contested or not but, if contested, with the consent of the parties.

The special clerk may, where an application relating to child custody or to obligations of support is introduced by way of a motion, homologate any agreement effecting a complete settlement of these matters.

In all cases, the decision may be revised by the judge in accordance with the formalities provided in article 42.

1975, c. 83, s. 5; 1976, c. 9, s. 54; 1977, c. 73, s. 4; 1992, c. 57, s. 420; 1994, c. 28, s. 1; 1997, c. 42, s. 2.

1995-10-01

44.1. The special clerk rules, in particular:

(1)  on any motion, contested or not, for joinder of actions, security, summons of a witness under article 282, communication, filing or dismissal of exhibits, medical examination, particulars, amendment, substitution of attorney, appointment of a practitioner or relief from default, or to cease representing, and

(2)  on any other interlocutory or incidental proceeding, contested or not but, if contested, with the consent of the parties.

In all cases, the decision may be revised by the judge in accordance with the formalities provided in article 42.

1975, c. 83, s. 5; 1976, c. 9, s. 54; 1977, c. 73, s. 4; 1992, c. 57, s. 420; 1994, c. 28, s. 1.

1994-01-01

44.1. The special clerk rules, in particular:

(1)  on any motion, contested or not, for joinder of actions, security, summons of a witness under article 282, filing or dismissal of exhibits, medical examination, particulars, amendment, substitution of attorney, appointment of a practitioner or relief from default, or to cease representing, and

(2)  on any other interlocutory or incidental proceeding, contested or not but, if contested, with the consent of the parties.

In all cases, the decision may be revised by the judge in accordance with the formalities provided in article 42.

1975, c. 83, s. 5; 1976, c. 9, s. 54; 1977, c. 73, s. 4; 1992, c. 57, s. 420.

1977-12-31

44.1. The special prothonotary rules, in particular:

(1)  on any motion, contested or not, for joinder of actions, security, summons of a witness under article 282, filing or dismissal of exhibits, medical examination, particulars, amendment, substitution of attorney, appointment of a practitioner or relief from default, or to cease representing, and

(2)  on any other interlocutory or incidental proceeding, contested or not but, if contested, with the consent of the parties.

In all cases, the decision may be revised by the judge in accordance with the formalities provided in article 42.

1975, c. 83, s. 5; 1976, c. 9, s. 54; 1977, c. 73, s. 4.