C-25 - Code of Civil Procedure

Section 53 Disposition versions

1979-06-22

53. No one may be condemned for contempt of court committed out of the presence of the judge, unless he has been served with a special rule ordering him to appear before the court, on the day and at the hour fixed, to hear proof of the acts with which he is charged and to urge any grounds of defence that he may have.

The judge may issue the rule ex officio or on application. Service of this rule is not required; it may be presented before a judge of the district where the contempt was committed.

The rule must be served personally, unless for valid reasons another mode of service is authorized by the judge.

1965 (1st sess.), c. 80, a. 53; 1979, c. 37, s. 9.

1977-12-31

53. No one may be condemned for contempt of court committed out of the presence of the judge, unless he has been served with a special rule ordering him to appear before the court, on the day and at the hour fixed, to hear proof of the acts with which he is charged and to urge any grounds of defence that he may have.

The rule, issued by the judge of his own motion or on application, must be served personally, unless for valid reasons another mode of service is authorized. The application for the issuance of the rule may be presented without its being necessary to have it served.

1965 (1st sess.), c. 80, a. 53.