101. An application in the course of a proceeding may be in writing or presented orally and without formality at the hearing. If in writing, it must state the date, time and place it will be presented before the court, and must be notified to the other parties at least three days in advance. If presented orally, it must be submitted to the court in the presence of the other parties.
An application in the course of a proceeding may also be set out in a note, a letter or a notice if it concerns a case management measure, if the judge so requires or if the judge and the parties so agree. The note, letter or notice must clearly state the nature of the application and its subject matter, the number of the record to which it relates and any conclusions sought.
An application in the course of a proceeding that is grounded on facts not supported by evidence filed in the record must be supported by an affidavit of the person alleging the facts.
An application in the course of a proceeding can only be contested orally, unless written contestation is authorized by the court, in particular if the court is permitted to rule on the face of the record. During the hearing, any party may submit relevant evidence.
2014, c. 1, a. 101; I.N. 2016-12-01; 2020, c. 29, s. 151.