C-25 - Code of Civil Procedure

Section 971 Disposition versions

2003-01-01

971. A defendant sued pursuant to the other Books of this Code who would be admissible as a plaintiff under this Book may request that the case be heard pursuant to this Book.

Such a request may be made to the clerk of the court seized of the case, at any time before inscription for judgment by the clerk or inscription for proof and hearing before the court. If the request is found to be admissible, the clerk immediately notifies the plaintiff; the decision of the clerk may be reviewed by a judge, following a request in writing filed within 15 days of the notification. On the expiry of that time limit, the clerk transfers the case so that it may be continued pursuant to this Book.

1971, c. 86, s. 1; 1975, c. 83, s. 69; 2002, c. 7, s. 148; 2002, c. 54, s. 8.

1977-12-31

971. At the time fixed for the hearing, the clerk calls the case and ascertains whether the parties are present or absent, and the judge renders judgment according to the proof made.

However, in the cases provided for by article 194, the clerk himself may render judgment according to the proof made.

1971, c. 86, s. 1; 1975, c. 83, s. 69.