C-25.01, r. 11 - Rules of Practice of the Superior Court of the District of Montréal in Civil Matters and Family Matters

À jour au 1^er septembre 2012

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chapter C-25.01, r. 11

Rules of Practice of the Superior Court of the District of Montréal in Civil Matters and Family Matters

Code of Civil Procedure

(chapter C-25.01, art. 63).

The former alphanumerical designation of this Regulation was: chapter C-25, r. 15.

R.R.Q., 1981, c. C-25, r. 6; Decision 84-12-18; Decision 96-09-16, s. 1.

DIVISION I PRELIMINARIES

1. The Rules of Practice of the Superior Court of Québec in Civil Matters (chapter C-25, r. 11) are replaced, amended or completed, as the case may be, by these Rules which shall apply in the district of Montréal.

For the sake of clarity, but without limiting the generality of the first paragraph, rules of practice 18 and 21 of the Rules of Practice of the Superior Court of Québec in Civil Matters are replaced, for the district of Montréal, by these Rules.

R.R.Q., 1981, c. C-25, r. 6, Rule 1; Decision 2000-06-17, s. 1.

DIVISION II ROLLS FOR HEARING

2. Under the authority of the Chief Justice, the master of the rolls shall distribute the cases among the available judges according to the nature of each case and the duration anticipated for proof and hearing.

The roll for hearing thus prepared shall show the name of the judge, the number of the case, the name of the parties and their attorneys, the date and hour of hearing and the number of the court room.

R.R.Q., 1981, c. C-25, r. 6, Rule 2.

3. At least 2 months before the opening of the term, the master of the rolls shall post in the Court House a copy of the roll for hearing, and shall transmit either by messenger or by ordinary first class mail, an extract of the said roll relating to their cases, to each of the attorneys of record, or to the parties if they have no attorney.

The transmission to the attorneys by the clerk of an extract of such roll relating to their cases constitutes the notice to attorneys provided by article 278 of the Code of Civil Procedure (chapter C-25).

R.R.Q., 1981, c. C-25, r. 6, Rule 3; Decision 84-12-18.

4. (Revoked).

R.R.Q., 1981, c. C-25, r. 6, Rule 4; Decision 84-12-18.

DIVISION III HEARING OF CASES

5. If, for any reason, a case cannot be heard in the court room where it has been fixed for hearing, the master of the rolls, under the authority of the Chief Justice, shall refer it to another judge who is available, in such manner as will assure the greatest efficiency; if there is no judge available for either sitting on that day, the master of the rolls shall fix the case as soon as possible on a subsequent roll.

R.R.Q., 1981, c. C-25, r. 6, Rule 5.

6. A case which has been started should normally continue until it has been completed without adjournment to a subsequent session of the Court. If it cannot be completed, the master of the rolls shall fix it as soon as possible on a subsequent roll.

R.R.Q., 1981, c. C-25, r. 6, Rule 6.

DIVISION IV POSTPONEMENTS

7. (Revoked).

R.R.Q., 1981, c. C-25, r. 6, Rule 7; Decision 84-12-18.

8. Any request for a postponement is made within 30 days of the publication of the roll for hearing, by written motion presented before the judge in chambers; he shall dispose of the motion in accordance with his discretion and may, if he grants the postponement, fix the case for hearing as soon as possible on a subsequent roll.

R.R.Q., 1981, c. C-25, r. 6, Rule 8; Decision 84-12-18.

9. Under reserve of article 288 of the Code of Civil Procedure (chapter C-25), no later request for postponement shall be taken into consideration unless there are truly exceptional circumstances which have been alleged by written motion presentable to the Chief Justice who shall decide the matter in accordance with his discretion.

R.R.Q., 1981, c. C-25, r. 6, Rule 9.

10. When an advocate is unable, for serious reasons, to make a written application for postponement before his case is called, he may send a message, verbal or otherwise, to the Chief Justice or to the presiding judge.

R.R.Q., 1981, c. C-25, r. 6, Rule 10; Decision 84-12-18.

DIVISION V SUMMARY ROLL

11. (Revoked).

R.R.Q., 1981, c. C-25, r. 6, Rule 11; Decision 84-12-18; Decision 94-06-23, s. 1.

12. (Revoked).

R.R.Q., 1981, c. C-25, r. 6, Rule 12; Decision 84-12-18; Decision 94-06-23, s. 2; Decision 97-01-31, s. 1.

13. (Revoked).

R.R.Q., 1981, c. C-25, r. 6, Rule 13; Decision 84-12-18.

14. Applications to have a case fixed on the summary roll shall be presented to the officer appointed by the Chief Justice on Mondays and Tuesdays of each week between 2:00 p.m. and 4:00 p.m. or at such other time as may be fixed by the Chief Justice.

R.R.Q., 1981, c. C-25, r. 6, Rule 14; Decision 84-12-18.

DIVISION VI PRACTICE DIVISION

15. The Chief Justice shall determine the number of sections of the Practice Division. The distribution of cases therein shall be made according to his instructions.

R.R.Q., 1981, c. C-25, r. 6, Rule 15; Decision 84-12-18; Decision 97-01-31, s. 2.

16. Unless the Chief Justice decides otherwise, notice of presentation of any proceeding shall be given for 9:15 a.m. in the rooms designated respectively for civil matters, family matters or for the special clerk.

R.R.Q., 1981, c. C-25, r. 6, Rule 16; Decision 84-12-18; Decision 97-01-31, s. 3.

17. (Revoked).

R.R.Q., 1981, c. C-25, r. 6, Rule 17; Decision 84-12-18; Decision 97-01-31, s. 4.

18. Any proceeding in respect of which no attorney interested appears before the final daily adjournment shall be struck.

Decision 84-12-18.

19. Any proceeding which has already been adjourned twice and with respect to which the parties are not ready to proceed shall be struck.

R.R.Q., 1981, c. C-25, r. 6, Rule 18; Decision 84-12-18.

DIVISION VII DELEGATION OF POWERS BY THE CHIEF JUSTICE

20. The Chief Justice may, from time to time, designate any judge in his stead to hear and dispose of applications made under any of these Rules.

R.R.Q., 1981, c. C-25, r. 6, Rule 19; Decision 84-12-18.

DIVISION VIII

(Revoked)

R.R.Q., 1981, c. C-25, r. 6, Division VIII; Decision 84-12-18.

21. (Revoked).

R.R.Q., 1981, c. C-25, r. 6, Rule 21; Decision 84-12-18.

22. (Revoked).

R.R.Q., 1981, c. C-25, r. 6, Rule 22; Decision 84-12-18.

23. (Revoked).

R.R.Q., 1981, c. C-25, r. 6, Rule 23; Decision 84-12-18.

24. (Revoked).

R.R.Q., 1981, c. C-25, r. 6, Rule 24; Decision 84-12-18.

25. (Revoked).

R.R.Q., 1981, c. C-25, r. 6, Rule 25; Decision 84-12-18.

26. (Revoked).

R.R.Q., 1981, c. C-25, r. 6, Rule 26; Decision 84-12-18.

27. (Revoked).

R.R.Q., 1981, c. C-25, r. 6, Rule 27; Decision 84-12-18.

REFERENCES

R.R.Q., 1981, c. C-25, r. 6

Decision 84-12-18, 1985 G.O. 2, 334

Decision 94-06-23, 1994 G.O. 2, 4366

Decision 96-09-16, 1996, G.O. 2, 4086

Decision 97-01-31, 1997 G.O. 2, 1029

Decision 2000-06-17, 2000 G.O. 2, 4167