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C-25 - Code of Civil Procedure

Section 765
Disposition versions

Full text
765. (Repealed).
1965 (1st sess.), c. 80, a. 765; 1968, c. 84, s. 6; 1992, c. 57, s. 367; 1994, c. 28, s. 30; 2002, c. 7, s. 107.
765. The applicant must file at the office of the court the original of the motion, of the affidavit and of the notice of presentation, with proof of their service, not less than 48 hours before the date of presentation or within the time allowed by the rules of practice.
1965 (1st sess.), c. 80, a. 765; 1968, c. 84, s. 6; 1992, c. 57, s. 367; 1994, c. 28, s. 30.
765. The applicant must file at the office of the court the original of the motion, of the affidavit and of the notice of presentation, with proof of their service, together with the documents submitted in support of the application, not less than 48 hours before the date of presentation or within the time allowed by the rules of practice.
1965 (1st sess.), c. 80, a. 765; 1968, c. 84, s. 6; 1992, c. 57, s. 367.
765. If the parties have agreed upon the right to have the boundaries determined and on the choice of a surveyor, but one of them does not accept the conclusions of the report, either party may file in the office of the court the original or a copy of the putting in default contemplated by article 762, with the surveyor’s report, the exhibits which accompany it, and the evidence taken by him. This filing is introductive of suit, in which the owner who requested the determination of the boundaries is designated as plaintiff, and notice thereof must be given to the opposite party, calling upon him at the same time to appear within ten days.
Within fifteen days after the service of the notice of such filing, each party must file in the office of the court a statement of his pretensions and conclusions. After the expiration of such delay, either party may inscribe for proof and hearing, and the report of the surveyor has the same force and effect as if he had been appointed by the court.
1965 (1st sess.), c. 80, a. 765; 1968, c. 84, s. 6.
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