554. Once the case is ready, at least six weeks but not more than three months before the scheduled hearing date, the court clerk notifies a notice of the hearing to the plaintiff and to the other parties that have filed a defence.
The notice of hearing mentions that a party may, on request, examine the exhibits and the documents filed with the court office by the other parties and obtain copies of them. It also informs the parties that any other document not yet filed must be filed at least 30 days before the scheduled hearing date, and that any person mandated to represent the plaintiff must file the mandate with the court office.
The notice of hearing reminds the parties that they must bring their witnesses to the hearing, but that a witness’s testifying at court may be replaced by an affidavit. It also informs the parties that they must, at least 30 days before the scheduled hearing date, give the court clerk the names of any witnesses they wish to have called, specifying the reason they are called as witnesses and the subject matter of their testimony, and file the affidavits of any witnesses who will not be attending at court. As well, it warns the parties that, if the judge considers that a witness was needlessly called and required to attend at court, they may be ordered to pay the related legal costs.
The court clerk notifies a subpoena to the witnesses named by the parties and informs them that they will not be compensated, unless the court decides otherwise. If the number of witnesses appears to be needlessly high, the court clerk may request instructions from the court.
2014, c. 1, a. 554; 2020, c. 29, s. 451.