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C-25 - Code of Civil Procedure

Section 148
Disposition versions

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148. The original of the motion to institute proceedings and of the notice to the defendant and the return of service must be filed by the plaintiff at the office of the court at least 48 hours before the date fixed for presentation of the action or application or within the time limit prescribed by the rules of practice
Judgment cannot be rendered against a defendant who has not appeared or has not pleaded if the plaintiff has not filed in the office of the court the original of the motion to institute proceedings with proof of service.
1965 (1st sess.), c. 80, a. 148; 1992, c. 57, s. 229; 1996, c. 5, s. 14; 2002, c. 7, s. 18.
148. The plaintiff is not bound, before the date of hearing, to file in the office of the court the original of the declaration and proof of its service, unless the defendant or another party to the case requests him in writing to do so.
In the case of default to appear or to plead, the plaintiff is bound to file in the office of the court, at the latest upon inscription, the original of the declaration and proof of its service.
Judgment cannot be rendered against a defendant who has not appeared or has not pleaded if the plaintiff has not filed in the office of the court the original of the proceeding instituting the suit with proof of service.
1965 (1st sess.), c. 80, a. 148; 1992, c. 57, s. 229; 1996, c. 5, s. 14.
148. The plaintiff is not bound, before the date of hearing, to file in the office of the court the original of the writ and declaration and proof of their service, unless the defendant or another party to the case requests him in writing to do so.
In the case of default to appear or to plead, the plaintiff is bound to file in the office of the court, at the latest upon inscription, the original of the writ and declaration and proof of their service.
Judgment cannot be rendered against a defendant who has not appeared or has not pleaded if the plaintiff has not filed in the office of the court the original of the proceeding instituting the suit with proof of service.
1965 (1st sess.), c. 80, a. 148; 1992, c. 57, s. 229.
148. The plaintiff is not bound, before the date of hearing, to file in the office of the court the original of the writ and declaration and proof of their service, unless the defendant or another party to the case requests him in writing to do so.
1965 (1st sess.), c. 80, a. 148.
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