Consolidated Statutes and Regulations Consolidated Statutes Consolidated Regulations Annual Statutes and Regulations Annual Statutes Annual Regulations Additional information Québec Official Publisher What’s new? Information note Policy of the Minister of Justice Laws: Amendments Laws: Provisions not in force Laws: Provisions brought into force Annual Statutes: PDF versions since 1996 Regulations: Amendments Annual Regulations: PDF versions since 1996 Court Decisions

C-25 - Code of Civil Procedure

Section 397
Disposition versions

Full text
397. The defendant may, before the filing of the defence and after two days’ notice to the attorneys of the other parties, summon to be examined before the judge or clerk upon all facts relating to the issues between the parties or to give communication and allow copy to be made of any document relating to the issues:
(1)  the plaintiff, or his representative, agent or employee;
(2)  in any civil liability action, the victim, and any person involved in the commission of the act which caused the injury;
(3)  the person for whom the plaintiff claims as tutor or curator, or for whom he acts as prête-nom, or whose rights he has acquired by transfer, subrogation or other similar title;
(4)  with the permission of the court and on such conditions as it may determine, any other person.
1965 (1st sess.), c. 80, a. 397; 1966, c. 21, s. 9; 1969, c. 81, s. 7; 1983, c. 28, s. 12; 1984, c. 26, s. 13; 1992, c. 57, s. 420; 1999, c. 40, s. 56; 2002, c. 7, s. 76.
397. The defendant may, before the filing of the defence and after one clear day’s notice to the attorneys of the other parties, summon to be examined before the judge or clerk upon all facts relating to the issues between the parties or to give communication and allow copy to be made of any document relating to the issues:
(1)  the plaintiff, or his representative, agent or employee;
(2)  in any civil liability action, the victim, and any person involved in the commission of the act which caused the injury;
(3)  the person for whom the plaintiff claims as tutor or curator, or for whom he acts as prête-nom, or whose rights he has acquired by transfer, subrogation or other similar title;
(4)  with the permission of the court and on such conditions as it may determine, any other person.
The examination must be held within the time allowed for the filing of the defence, unless the permission of the judge, clerk or, in the case referred to in subparagraph 4 of the first paragraph, the court, is obtained.
1965 (1st sess.), c. 80, a. 397; 1966, c. 21, s. 9; 1969, c. 81, s. 7; 1983, c. 28, s. 12; 1984, c. 26, s. 13; 1992, c. 57, s. 420; 1999, c. 40, s. 56.
397. The defendant may, before the filing of the defence and after one clear day’s notice to the attorneys of the other parties, summon to be examined before the judge or clerk upon all facts relating to the issues between the parties or to give communication and allow copy to be made of any document relating to the issues:
(1)  the plaintiff, or his agent, employee or officer;
(2)  in any civil liability action, the victim, and any person involved in the commission of the act which caused the damage;
(3)  the person for whom the plaintiff claims as tutor or curator, or for whom he acts as prête-nom, or whose rights he has acquired by transfer, subrogation or other similar title;
(4)  with the permission of the court and on such conditions as it may determine, any other person.
The examination must be held within the delay allowed for the filing of the defence, unless the permission of the judge, clerk or, in the case referred to in subparagraph 4 of the first paragraph, the court, is obtained.
1965 (1st sess.), c. 80, a. 397; 1966, c. 21, s. 9; 1969, c. 81, s. 7; 1983, c. 28, s. 12; 1984, c. 26, s. 13; 1992, c. 57, s. 420.
397. The defendant may, before the filing of the defence and after one clear day’s notice to the attorneys of the other parties, summon to be examined before the judge or prothonotary upon all facts relating to the issues between the parties or to give communication and allow copy to be made of any document relating to the issues:
(1)  the plaintiff, or his agent, employee or officer;
(2)  in any civil liability action, the victim, and any person involved in the commission of the act which caused the damage;
(3)  the person for whom the plaintiff claims as tutor or curator, or for whom he acts as prête-nom, or whose rights he has acquired by transfer, subrogation or other similar title;
(4)  with the permission of the court and on such conditions as it may determine, any other person.
The examination must be held within the delay allowed for the filing of the defence, unless the permission of the judge, prothonotary or, in the case referred to in subparagraph 4 of the first paragraph, the court, is obtained.
1965 (1st sess.), c. 80, a. 397; 1966, c. 21, s. 9; 1969, c. 81, s. 7; 1983, c. 28, s. 12; 1984, c. 26, s. 13.
397. The defendant may, before the filing of the defence and after one clear day’s notice to the attorneys of the other parties, summon to be examined before the judge or prothonotary upon all facts relating to the issues between the parties or to give communication and allow copy to be made of any document relating to the issues:
(1)  the plaintiff, or his agent, employee or officer; and
(2)  in any civil liability action, the victim, and any person involved in the commission of the act which caused the damage; and
(3)  the person for whom the plaintiff claims as tutor or curator, or for whom he acts as prête-nom, or whose rights he has acquired by transfer, subrogation or other similar title.
The examination must be held within the delay allowed for the filing of the defence, unless the permission of the judge or prothonotary is obtained.
1965 (1st sess.), c. 80, a. 397; 1966, c. 21, s. 9; 1969, c. 81, s. 7; 1983, c. 28, s. 12.
397. In any case susceptible of appeal and in any other case where the value of the thing in dispute is not less than two hundred dollars, the defendant may, before the filing of the defence and after one clear day’s notice to the attorneys of the other parties, summon to be examined before the judge or prothonotary upon all facts relating to the demand:
(1)  the plaintiff, or his agent, employee or officer; and
(2)  in any civil liability action, the victim, and any person involved in the commission of the act which caused the damage; and
(3)  the person for whom the plaintiff claims as tutor or curator, or for whom he acts as prête-nom, or whose rights he has acquired by transfer, subrogation or other similar title.
The examination must be held within the delay allowed for the filing of the defence, unless the permission of the judge or prothonotary is obtained.
1965 (1st sess.), c. 80, a. 397; 1966, c. 21, s. 9; 1969, c. 81, s. 7.
© Gouvernement du Québec