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C-25 - Code of Civil Procedure

Section 813.9
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813.9. In the case of an application concerning the obligation of support, the custody of children or provisional measures, the motion to institute proceedings may not be presented before the court less than 10 days after it is served. The application is heard and decided by preference.
1982, c. 17, s. 29; 1984, c. 26, s. 21; 1999, c. 46, s. 14; 2002, c. 7, s. 128.
813.9. A motion must be supported by an affidavit attesting the truth of the facts alleged and be accompanied with a notice to the other party of the date of presentation of the motion; the motion must have been served not less than 20 days prior to that date.
However, in proceedings relating to the obligation of support or the custody of children or in the case of an application for provisional measures, service made 10 days prior to the date of presentation of the motion is sufficient.
1982, c. 17, s. 29; 1984, c. 26, s. 21; 1999, c. 46, s. 14.
813.9. On the day fixed for the presentation of a motion, the defendant must, where such is the case, state the grounds in contestation of the motion and the demands he intends to urge.
He may, with leave of the court, contest the application in writing within such time and on such conditions as the court may determine. In such a case, the grounds for contestation and the demands must be served on the plaintiff not later than five days before the date of presentation of the motion.
This article does not apply to an application for provisional measures.
1982, c. 17, s. 29; 1984, c. 26, s. 21.
813.9. On the day fixed fo the presentation of a motion, the defendant must, where such is the case, state the grounds in contestation of the motion and the demands he intends to urge.
He may, with leave of the court, contest the application in writing within such time and on such conditions as the court may determine. In such a case, the grounds for contestation and the demands must be served on the plaintiff not later than five days before the date of presentation of the motion.
1982, c. 17, s. 29.
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