C-25.01, r. 0.2.1 - Regulation of the Superior Court of Québec in civil matters

Section 20 Disposition versions

2016-06-16

20. (a)  Record without case protocol

If the record is complete and ready for trial, the Court may try the application immediately or, after estimating the length of the trial, set a date for a hearing or refer it to the clerk for that purpose.

(b)  Record with case protocol

i.  In all cases with an oral or written defence, the request for setting down for trial and judgment is made in accordance with article 174 of the Code of Civil Procedure (chapter C-25.01) using the form provided for that purpose.

ii.  Grounds of defence: If the defence is oral, the grounds of defence must be stated in the case protocol.

iii.  Date of hearing: If the defence is oral and the circumstances so justify, the judge may, on his or her own initiative and before the expiry of the time limit set in article 173 of the Code of Civil Procedure, exempt the parties from the obligation of filing a request for setting down for trial and judgment and proceed in accordance with paragraph a of this section.

iv.  When the case is ready for trial, a party may convene the other parties before the Court to verify the status of the record. If it is complete and ready for trial, the judge may refer it to the clerk to set a date for the hearing.

Decision 2016-05-20, s. 20.

Not in force

In force: 2016-06-16

20. (a)  Record without case protocol

If the record is complete and ready for trial, the Court may try the application immediately or, after estimating the length of the trial, set a date for a hearing or refer it to the clerk for that purpose.

(b)  Record with case protocol

i.  In all cases with an oral or written defence, the request for setting down for trial and judgment is made in accordance with article 174 of the Code of Civil Procedure (chapter C-25.01) using the form provided for that purpose.

ii.  Grounds of defence: If the defence is oral, the grounds of defence must be stated in the case protocol.

iii.  Date of hearing: If the defence is oral and the circumstances so justify, the judge may, on his or her own initiative and before the expiry of the time limit set in article 173 of the Code of Civil Procedure, exempt the parties from the obligation of filing a request for setting down for trial and judgment and proceed in accordance with paragraph a of this section.

iv.  When the case is ready for trial, a party may convene the other parties before the Court to verify the status of the record. If it is complete and ready for trial, the judge may refer it to the clerk to set a date for the hearing.

Decision 2016-05-20, s. 20.