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C-25.01
- Code of Civil Procedure
Table des matières détaillée
À jour au 1
er
avril 2018
BOOK
I
GENERAL FRAMEWORK OF CIVIL PROCEDURE
TITLE
I
PRINCIPLES OF PROCEDURE APPLICABLE TO PRIVATE DISPUTE PREVENTION AND RESOLUTION PROCESSES
TITLE
II
PRINCIPLES OF PROCEDURE APPLICABLE BEFORE THE COURTS
CHAPTER
I
MISSION OF THE COURTS
CHAPTER
II
PUBLIC NATURE OF PROCEDURE BEFORE THE COURTS
CHAPTER
III
GUIDING PRINCIPLES OF PROCEDURE
CHAPTER
IV
RULES OF INTERPRETATION AND APPLICATION OF THIS CODE
TITLE
III
JURISDICTION OF COURTS
CHAPTER
I
SUBJECT-MATTER JURISDICTION OF COURTS
DIVISION
I
JURISDICTION OF COURT OF APPEAL
DIVISION
II
JURISDICTION OF SUPERIOR COURT
DIVISION
III
JURISDICTION OF COURT OF QUÉBEC
CHAPTER
II
TERRITORIAL JURISDICTION OF COURTS
DIVISION
I
TERRITORIAL JURISDICTION—APPEAL
DIVISION
II
TERRITORIAL JURISDICTION—FIRST INSTANCE
CHAPTER
III
POWERS OF COURTS
DIVISION
I
GENERAL POWERS
DIVISION
II
POWER TO IMPOSE SANCTIONS FOR ABUSE OF PROCEDURE
DIVISION
III
POWER TO PUNISH FOR CONTEMPT OF COURT
DIVISION
IV
COURT REGULATIONS
CHAPTER
IV
COURT OFFICES
CHAPTER
V
POWERS OF COURTS, JUDGES AND COURT CLERKS
TITLE
IV
SPECIAL RIGHTS OF STATE
TITLE
V
PROCEDURE APPLICABLE TO ALL JUDICIAL APPLICATIONS
CHAPTER
I
SITTINGS OF COURTS AND TIME LIMITS
CHAPTER
II
INTEREST REQUIRED TO BRING PROCEEDINGS
CHAPTER
III
REPRESENTATION BEFORE COURTS AND CAPACITY TO ACT
CHAPTER
IV
DESIGNATION OF PARTIES
CHAPTER
V
PLEADINGS
DIVISION
I
FORM AND CONTENT OF PLEADINGS
DIVISION
II
SWORN PLEADINGS
DIVISION
III
FILING OF PLEADINGS AND DOCUMENTS
CHAPTER
VI
NOTIFICATION OF PLEADINGS AND DOCUMENTS
DIVISION
I
GENERAL RULES
DIVISION
II
SERVICE OR NOTIFICATION BY BAILIFF
§
1
General provisions
§
2
Personal notification
§
3
Notification through intermediary
§
4
Notice of visit
DIVISION
III
OTHER METHODS OF NOTIFICATION
§
1
Notification by mail
§
2
Notification by delivery of document
§
3
Notification by technological means
§
4
Notification by public notice
DIVISION
IV
NOTIFICATION OF CERTAIN PLEADINGS
BOOK
II
CONTENTIOUS PROCEEDINGS
TITLE
I
INITIAL STAGES OF PROCEEDING
CHAPTER
I
JUDICIAL APPLICATION
CHAPTER
II
SUMMONS AND DEFENDANT’S ANSWER
CHAPTER
III
CASE MANAGEMENT
DIVISION
I
CASE PROTOCOL
DIVISION
II
CASE MANAGEMENT CONFERENCE
DIVISION
III
SPECIAL CASE MANAGEMENT
DIVISION
IV
CASE MANAGEMENT MEASURES
CHAPTER
IV
SETTLEMENT CONFERENCE
CHAPTER
V
DEFENCE
DIVISION
I
PRELIMINARY EXCEPTIONS
§
1
General provisions
§
2
Declinatory exception
§
3
Exception to dismiss
§
4
Other exceptions
DIVISION
II
DEFENCE ON MERITS
CHAPTER
VI
READINESS FOR TRIAL AND SETTING DOWN FOR TRIAL AND JUDGMENT
CHAPTER
VII
PRE-TRIAL CONFERENCE
CHAPTER
VIII
PROCESSING OF CASE SET DOWN FOLLOWING DEFENDANT’S DEFAULT
TITLE
II
INCIDENTAL PROCEEDINGS
CHAPTER
I
INTERVENTION OF THIRD PERSONS IN PROCEEDING
DIVISION
I
GENERAL PROVISIONS
DIVISION
II
VOLUNTARY INTERVENTION
DIVISION
III
FORCED INTERVENTION
CHAPTER
II
INCIDENTAL PROCEEDINGS RELATING TO PARTIES’ LAWYERS
CHAPTER
III
CONTINUANCE OF PROCEEDING
CHAPTER
IV
RECUSATION
CHAPTER
V
INCIDENTAL PROCEEDINGS RELATING TO PLEADINGS
DIVISION
I
WITHDRAWAL OR AMENDMENT OF PLEADING
DIVISION
II
DETERMINATION OF ISSUE OF LAW
DIVISION
III
CONSOLIDATION AND SEPARATION OF PROCEEDINGS
DIVISION
IV
SPLITTING OF PROCEEDING
DIVISION
V
STAY OF PROCEEDING
CHAPTER
VI
INCIDENTAL PROCEEDINGS THAT TERMINATE PROCEEDING
DIVISION
I
DISCONTINUANCE
DIVISION
II
TENDER AND DEPOSIT
DIVISION
III
ACQUIESCENCE IN APPLICATION
DIVISION
IV
SETTLEMENT
TITLE
III
PRE-TRIAL DISCOVERY AND DISCLOSURE
CHAPTER
I
PRE-TRIAL EXAMINATION
DIVISION
I
GENERAL PROVISIONS
DIVISION
II
WRITTEN EXAMINATION
DIVISION
III
ORAL EXAMINATION
CHAPTER
II
EXPERT EVIDENCE
DIVISION
I
WHEN EXPERT EVIDENCE MAY BE USED
DIVISION
II
EXPERTS’ DUTIES AND POWERS
DIVISION
III
EXPERT REPORT
DIVISION
IV
SPECIAL RULES APPLICABLE TO PHYSICAL, MENTAL OR PSYCHOSOCIAL EXAMINATION
CHAPTER
III
DISCLOSURE AND FILING OF EXHIBITS AND OTHER EVIDENCE
DIVISION
I
GENERAL PROVISIONS
DIVISION
II
TIME LIMITS FOR DISCLOSURE AND FILING
DIVISION
III
DOCUMENT OR REAL EVIDENCE IN POSSESSION OF PARTY OR THIRD PERSON
DIVISION
IV
APPLICATIONS IN COURSE OF PROCEEDING
CHAPTER
IV
PRE-TRIAL DISCOVERY
DIVISION
I
APPLICATIONS PRIOR TO PROCEEDING
DIVISION
II
PRE-TRIAL APPLICATIONS
CHAPTER
V
CONTESTATION OF EVIDENCE
DIVISION
I
CONTESTATION OF AUTHENTIC ACT
DIVISION
II
CONTESTATION OF CERTIFICATE
DIVISION
III
CONTESTATION OF OTHER DOCUMENT
CHAPTER
VI
ADMISSION OF AUTHENTICITY OF EVIDENCE
TITLE
IV
TRIAL
CHAPTER
I
CONDUCT OF TRIAL
CHAPTER
II
EVIDENCE STAGE OF TRIAL
DIVISION
I
CALLING OF WITNESSES
DIVISION
II
COMPENSATION OF WITNESSES
DIVISION
III
HEARING OF WITNESSES
DIVISION
IV
HEARING OF MINOR OR INCAPABLE PERSON OF FULL AGE
DIVISION
V
TESTIMONY BY AFFIDAVIT
DIVISION
VI
EXPERT TESTIMONY
DIVISION
VII
TESTIMONY GIVEN OUTSIDE PRESENCE OF COURT
DIVISION
VIII
INTERPRETATION SERVICES
DIVISION
IX
PRESERVATION OF TESTIMONY
BOOK
III
PROCEDURE IN NON-CONTENTIOUS PROCEEDINGS
TITLE
I
GENERAL PROVISIONS
TITLE
II
RULES APPLICABLE BEFORE COURT
CHAPTER
I
APPLICATION
CHAPTER
II
PRESENTATION
TITLE
III
RULES APPLICABLE BEFORE NOTARY
CHAPTER
I
JURISDICTION OF NOTARY
CHAPTER
II
APPLICATION
CHAPTER
III
OPERATIONS AND CONCLUSIONS
BOOK
IV
JUDGMENT, APPLICATION FOR REVOCATION AND APPEAL
TITLE
I
JUDGMENT
CHAPTER
I
GENERAL PROVISIONS
CHAPTER
II
ADVISEMENT
CHAPTER
III
REPLACEMENT OF JUDGE
CHAPTER
IV
RULES APPLICABLE TO JUDGMENT
CHAPTER
V
FORMAL JUDGMENT
TITLE
II
LEGAL COSTS
TITLE
III
REVOCATION OF JUDGMENT
CHAPTER
I
REVOCATION ON APPLICATION BY PARTY
CHAPTER
II
REVOCATION ON APPLICATION BY THIRD PERSON
CHAPTER
III
EFFECT OF APPLICATION FOR REVOCATION
TITLE
IV
APPEAL
CHAPTER
I
COMMENCEMENT OF APPEAL PROCEEDING
DIVISION
I
INITIATION OF APPEAL
DIVISION
II
APPEAL TIME LIMITS
DIVISION
III
CONDITIONS IMPOSED ON APPEAL OR DISMISSAL OF APPEAL
CHAPTER
II
APPEAL MANAGEMENT
CHAPTER
III
APPEAL BRIEF AND MEMORANDUM
CHAPTER
IV
CONDUCT OF APPEAL
DIVISION
I
APPLICATIONS IN COURSE OF PROCEEDING AND INCIDENTAL APPLICATIONS
DIVISION
II
SETTLEMENT CONFERENCE
DIVISION
III
SETTING DOWN FOR HEARING
DIVISION
IV
HEARING
CHAPTER
V
DECISION
BOOK
V
RULES APPLICABLE TO CERTAIN CIVIL MATTERS
TITLE
I
APPLICATIONS IN MATTERS GOVERNED BY LAW OF PERSONS
CHAPTER
I
GENERAL PROVISIONS
CHAPTER
II
APPLICATIONS RELATING TO PERSONAL INTEGRITY
DIVISION
I
CARE AND CONFINEMENT IN INSTITUTION
DIVISION
II
HABEAS CORPUS
CHAPTER
III
APPLICATIONS RELATING TO PERSONAL STATUS AND CAPACITY
CHAPTER
IV
LEGAL PERSONS
TITLE
II
APPLICATIONS IN FAMILY MATTERS
CHAPTER
I
RULES GOVERNING APPLICATION AND PROCEEDING
CHAPTER
II
MEDIATION IN COURSE OF PROCEEDING
DIVISION
I
PARENTING AND MEDIATION INFORMATION SESSION
DIVISION
II
MEDIATION
CHAPTER
III
ASSESSMENT BY PSYCHOSOCIAL ASSESSMENT SERVICE
CHAPTER
IV
JOINT APPLICATION FOR SEPARATION FROM BED AND BOARD, DIVORCE OR DISSOLUTION OF CIVIL UNION ON BASIS OF DRAFT AGREEMENT
CHAPTER
V
APPLICATIONS RELATING TO ADOPTION
CHAPTER
VI
APPLICATIONS RELATING TO SUPPORT OBLIGATIONS
CHAPTER
VII
APPLICATIONS RELATING TO PARENTAL AUTHORITY
CHAPTER
VIII
JUDGMENT
CHAPTER
IX
OPPOSITION TO MARRIAGE OR CIVIL UNION
TITLE
III
APPLICATIONS RELATING TO SUCCESSIONS, PROPERTY, SECURITY AND EVIDENCE
CHAPTER
I
PROBATE OF WILLS AND LETTERS OF VERIFICATION
DIVISION
I
PROBATE OF WILLS
DIVISION
II
LETTERS OF VERIFICATION
CHAPTER
II
APPLICATIONS RELATING TO PUBLICATION OF RIGHTS AND TO ACQUISITIVE PRESCRIPTION OF AN IMMOVABLE
CHAPTER
III
BOUNDARY DETERMINATION
CHAPTER
IV
CO-OWNERSHIP AND PARTITION
CHAPTER
V
SAFETY DEPOSIT BOXES
CHAPTER
VI
APPLICATIONS RELATING TO SECURITY
CHAPTER
VII
COPIES OF OR EXTRACTS FROM NOTARIAL ACTS
CHAPTER
VIII
RECONSTITUTION OF CERTAIN DOCUMENTS
TITLE
IV
APPLICATIONS INVOLVING PRIVATE INTERNATIONAL LAW
CHAPTER
I
GENERAL PROVISIONS
CHAPTER
II
PRELIMINARY EXCEPTIONS AND SURETYSHIP
CHAPTER
III
INTERNATIONAL NOTIFICATION
CHAPTER
IV
CALLING OF WITNESSES
CHAPTER
V
ROGATORY COMMISSIONS
DIVISION
I
ROGATORY COMMISSION ISSUED IN QUÉBEC
DIVISION
II
ROGATORY COMMISSION ISSUED IN FOREIGN STATE
CHAPTER
VI
RECOGNITION AND ENFORCEMENT OF FOREIGN DECISIONS AND FOREIGN PUBLIC DOCUMENTS
BOOK
VI
SPECIAL PROCEDURES
TITLE
I
PROVISIONAL AND CONTROL MEASURES
CHAPTER
I
INJUNCTION
CHAPTER
II
SEIZURE BEFORE JUDGMENT AND SEQUESTRATION
DIVISION
I
SEIZURE BEFORE JUDGMENT
DIVISION
II
SEQUESTRATION
CHAPTER
III
AUTHORIZATION, APPROVAL AND HOMOLOGATION
CHAPTER
IV
JUDICIAL REVIEW
DIVISION
I
GENERAL RULES
DIVISION
II
SPECIAL RULES APPLICABLE TO USURPATION OF OFFICE
TITLE
II
RECOVERY OF SMALL CLAIMS
CHAPTER
I
GENERAL PROVISIONS
CHAPTER
II
REPRESENTATION OF PARTIES
CHAPTER
III
PROCEDURE
DIVISION
I
INSTITUTION OF APPLICATION, AND DEFENCE
DIVISION
II
NOTICE OF HEARING AND CALLING OF WITNESSES
DIVISION
III
MEDIATION
DIVISION
IV
HEARING
DIVISION
V
JUDGMENT
CHAPTER
IV
MISCELLANEOUS PROVISIONS
TITLE
III
SPECIAL RULES FOR CLASS ACTIONS
CHAPTER
I
INTRODUCTORY PROVISIONS
CHAPTER
II
AUTHORIZATION TO INSTITUTE CLASS ACTION
CHAPTER
III
NOTICES
CHAPTER
IV
CONDUCT OF CLASS ACTION
CHAPTER
V
JUDGMENT AND EXECUTION MEASURES
DIVISION
I
JUDGMENT, AND ITS EFFECTS AND PUBLICATION
DIVISION
II
COLLECTIVE RECOVERY OF CLAIMS
DIVISION
III
INDIVIDUAL RECOVERY OF CLAIMS
DIVISION
IV
APPEAL
BOOK
VII
PRIVATE DISPUTE PREVENTION AND RESOLUTION PROCESSES
TITLE
I
MEDIATION
CHAPTER
I
ROLES AND DUTIES OF PARTIES AND MEDIATOR
CHAPTER
II
CONDUCT OF MEDIATION
CHAPTER
III
END OF MEDIATION
CHAPTER
IV
SPECIAL PROVISIONS APPLICABLE TO FAMILY MEDIATION
TITLE
II
ARBITRATION
CHAPTER
I
GENERAL PROVISIONS
CHAPTER
II
APPOINTMENT OF ARBITRATORS
CHAPTER
III
CONDUCT OF ARBITRATION
CHAPTER
IV
EXCEPTIONAL MEASURES
CHAPTER
V
ARBITRATION AWARD
CHAPTER
VI
HOMOLOGATION
CHAPTER
VII
ANNULMENT OF ARBITRATION AWARD
CHAPTER
VIII
SPECIAL PROVISIONS APPLICABLE TO INTERNATIONAL COMMERCIAL ARBITRATION
CHAPTER
IX
RECOGNITION AND ENFORCEMENT OF ARBITRATION AWARDS MADE OUTSIDE QUÉBEC
BOOK
VIII
EXECUTION OF JUDGMENTS
TITLE
I
PRINCIPLES AND GENERAL RULES
CHAPTER
I
GENERAL PROVISIONS
CHAPTER
II
PROVISIONAL EXECUTION
CHAPTER
III
VOLUNTARY EXECUTION
DIVISION
I
PAYMENT
§
1
General rule
§
2
Payment in instalments
§
3
Voluntary deposit
DIVISION
II
SURRENDER
DIVISION
III
SURETYSHIP
DIVISION
IV
RENDERING OF ACCOUNT
CHAPTER
IV
FORCED EXECUTION
DIVISION
I
GENERAL RULES
DIVISION
II
RIGHTS AND OBLIGATIONS OF PARTICIPANTS IN EXECUTION PROCEEDINGS
§
1
General provisions
§
2
Bailiffs
DIVISION
III
POST-JUDGMENT EXAMINATION
DIVISION
IV
RULES APPLICABLE IN EVENT OF DEATH OR IN CASE OF INCAPACITY
DIVISION
V
SPECIAL RULES APPLICABLE TO FORCED EXECUTION IN REAL ACTIONS
DIVISION
VI
EXEMPTION FROM SEIZURE
TITLE
II
SEIZURE OF PROPERTY
CHAPTER
I
GENERAL PROVISIONS
CHAPTER
II
SEIZURE OF MOVABLE AND IMMOVABLE PROPERTY IN EXECUTION
CHAPTER
III
SEIZURE IN THE HANDS OF THIRD PERSONS
DIVISION
I
GENERAL RULES
DIVISION
II
SPECIAL RULES IN SUPPORT MATTERS
CHAPTER
IV
SPECIAL RULES APPLICABLE TO CERTAIN SEIZURES
DIVISION
I
SEIZURE ON DEBTOR’S PERSON
DIVISION
II
SEIZURE OF SECURITIES OR SECURITY ENTITLEMENTS TO FINANCIAL ASSETS
DIVISION
III
SEIZURE OF TECHNOLOGICAL MEDIA
DIVISION
IV
SEIZURE OF PROPERTY IN SAFE OR SAFETY DEPOSIT BOX
DIVISION
V
SEIZURE OF REGISTERED ROAD VEHICLES
CHAPTER
V
CUSTODY OF SEIZED PROPERTY
CHAPTER
VI
OPPOSITION TO SEIZURE AND SALE
DIVISION
I
GENERAL PROVISIONS
DIVISION
II
EFFECTS OF OPPOSITION
TITLE
III
SALE UNDER JUDICIAL AUTHORITY
CHAPTER
I
CONDUCT OF SALE
CHAPTER
II
METHOD OF REALIZATION
CHAPTER
III
SALE AND EFFECTS OF SALE
TITLE
IV
DISTRIBUTION OF PROCEEDS OF EXECUTION
CHAPTER
I
GENERAL PROVISIONS
CHAPTER
II
DISTRIBUTION OF PROCEEDS OF SALE OR MONEY SEIZED
DIVISION
I
BAILIFF’S REPORT
DIVISION
II
COLLOCATION SCHEME
CHAPTER
III
DISTRIBUTION OF SEIZED INCOME
AMENDING AND FINAL PROVISIONS
GENERAL AMENDING PROVISIONS
SPECIFIC AMENDING PROVISIONS
CIVIL CODE OF QUÉBEC
INDIVIDUAL AND FAMILY ASSISTANCE ACT
ACT RESPECTING FINANCIAL ASSISTANCE FOR EDUCATION EXPENSES
ACT RESPECTING LEGAL AID AND THE PROVISION OF CERTAIN OTHER LEGAL SERVICES
ACT RESPECTING PARENTAL INSURANCE
ACT RESPECTING THE BARREAU DU QUÉBEC
CODE OF PENAL PROCEDURE
ACT RESPECTING MUNICIPAL COURTS
COURT BAILIFFS ACT
SPECIAL PROCEDURE ACT
YOUTH PROTECTION ACT
ACT RESPECTING THE CLASS ACTION
COURTS OF JUSTICE ACT
FINAL PROVISIONS
SCHEDULE I