C-25 - Code of Civil Procedure

Section 968 Disposition versions

2003-01-01

968. If the defendant chooses to contest the merits of the action, the defendant so advises the clerk and sets out the grounds for contestation in a written contestation. The defendant files the exhibits supporting the defendant’s allegations at the office of the court. The clerk notifies a copy of the contestation to the plaintiff, together with a list of the exhibits filed by the defendant.

If the defendant wishes to make a counter-claim against the plaintiff, arising out of the same source as the plaintiff’s claim or from a related source and the counter-claim is admissible under this Book, the defendant may demand payment thereof in the contestation and file the exhibits supporting the related allegations.

1971, c. 86, s. 1; 1975, c. 83, s. 68; 2002, c. 7, s. 148.

1977-12-31

968. If the debtor is represented by a mandatary, the latter must furnish the clerk, along with the exhibits provided for in article 962, the writing contemplated in the second paragraph of article 955; such writing must be furnished at the hearing by the mandatary of a person called by the debtor under paragraph e of article 962.

1971, c. 86, s. 1; 1975, c. 83, s. 68.