221. A pre-trial examination, whether written or oral, may bear on any fact that is relevant to the dispute and on the evidence supporting such facts; it may also be for documentary disclosure purposes. Pre-trial examinations may be conducted only if they are provided for in the case protocol and must be in compliance with the terms, number and length specified in the case protocol.
Other than the parties, the following may be examined:
(1) a representative, an agent or an employee of a party;
(2) in a judicial application in which a party’s civil liability is at issue, the victim and any person involved in the injurious act or omission;
(3) a person for whom a party acts as administrator of the property of others;
(4) a person for whom a party acts as prête-nom or whose rights a party has acquired by transfer, subrogation or other similar title.
Any other person may be examined with their consent and that of the other party, or with the judge’s authorization, subject to the conditions the judge determines. Neither a minor nor an incapable person of full age may be examined without the judge’s authorization.
A judgment on an application relating to an undertaking concerning the disclosure of a document made for or at a pre-trial examination may be rendered on the face of the record.
2014, c. 1, a. 221; 2020, c. 29, s. 311.