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

Schedule Disposition versions

2023-07-27

SCHEDULE I

(s. 1)

AMENDED PROVISIONS FOR THE DURATION OF THE PILOT PROJECT RELATING TO DIGITAL TRANSFORMATION OF THE ADMINISTRATION OF JUSTICE

(1) For the duration of the pilot project relating to digital transformation of the administration of justice provided for in the Regulation to establish a pilot project relating to digital transformation of the administration of justice, A.M. 2022 of 27 October 2022, (2022) 154 G.O.Q. 2, 6559, the following provisions of this Regulation are amended or revoked as indicated in this Schedule where they apply to an application covered by the pilot project.

The text that differs from the text otherwise in force is highlighted by the underlining of added text and a strikethrough line for deleted portions.

(2) Section 3 is amended as follows:

“3. Designation of parties and format of pleadings. Pleadings must be legibly written on one side of a good quality paper measuring 21.25 cm × 28 cm (8.5 inches × 11 inches) –and the nature and object of the pleading must be indicated on the back, with the record number and the names of the parties, and the party filing it, as well as the name, address, postal code, telephone number, e-mail address and computer code of that party’s attorney or notary.

Agreements to be attached to a judgment must be drafted on one side only of a good quality paper measuring 21.25 cm × 28 cm (8.5 inches by 11 inches).

An originating application indicates the name, address and postal code of the parties.

Every pleading of a party must be signed by the party’s lawyer or notary, in the cases provided for by law. If a party is not represented by a lawyer or notary, the pleading must be signed by the party.

In every pleading, the parties keep the same order and designation as in the originating application.”.

(3) Section 5 is amended as follows:

“5. Laws, regulations,jurisprudence and doctrine. A party relying on a law, regulation, judgment or excerpt from doctrine must indicate the relevant pages and identify the passages citedprovide a permanent hyperlink allowing access thereto free of charge, with a reference to the relevant excerpt, page or paragraph. If there is no permanent hyperlink, the party must provide a copy on a technological medium.”.

(4) Sections 6 and 8 are revoked:

“6.Laws and regulations. A party relying on regulatory or legislative provisions other than those in the Civil Code of Québec, the Code of Civil Procedure (chapter C-25.01) or the Divorce Act (R.S.C., 1985, c. 3 (2nd Supp.)) must provide a copy for the judge and indicate the relevant articles or sections.(Revoked)”;

“8. Updating of court ledger. Where the record is forwarded to the Court or to the judge, an extract of the updated court ledger must be filed in the record and the previous extracts destroyed.(Revoked)”.

(5) Section 18 is amended as follows:

“18. Identification of exhibits and pagination. An exhibit that has been disclosed and produced must be identified by one letter for each party, followed by a consecutive number from the beginning to the end of the record.

Exhibits retain the same identification for all applications, on the merits and in the course of a proceeding.

The identification of the exhibit and the number of the record must appear on the front and back of each exhibit, if applicable. The number of the record need not be repeated if several exhibits are joined together.

The party that produces a document must paginate it if it is not already paginated.”.

(6) Section 22 is amended as follows:

“22. Provisional roll. After the request for setting down for trial and judgment has been filed, the clerk prepares a list of the cases that may be called in the following weeks and, at least 15 days before the date of the session referred to hereafter, mailssends by a technological means to each lawyer of record, or by any other means to the parties if not represented, an extract of that list containing mention of their cases and convenes them to a calling of the provisional roll presided by the Chief Justice or a judge designated by the Chief Justice or, with the latter’s consent, by the clerk.

At that session, the judge or clerk presiding determines the means of simplifying the procedure and shortening the hearing.

Having consulted the lawyers, the judge or clerk presiding fixes the dates of hearing for the cases on the list. Any request for postponement must be presented at that session.

The clerk draws up the minutes of the session and enters in the record of each case called the presence or absence of the lawyers or parties that are not represented.”.

(7) Section 25 is amended as follows:

“25. Roll for hearing. As soon as possible, the clerk sends the roll for hearing to the judges who will be hearing the cases appearing on the roll and, where applicable, to the judge who presided at the session mentioned in section 22 of this Regulation.

The roll for hearing indicates:

(a) the name of the judge;

(b) the number of the record;

(c) the names of all the parties;

(d) the names of the lawyers of record;

(e) the date and time of the hearing;

(f) the place of the hearing and, where applicable, the room number; and;

(g) any other information ordered by the judge or clerk who presided at the session mentioned in section 22.

An extract from that roll is also sent by the clerk by a technological means to each lawyer of record or by any means to unrepresented parties concerning their cases.”.

(8) Section 39 is amended as follows:

“39. Role of court clerk. The clerk draws up the minutes of the hearing, noting

(a) the name of the presiding Judge;

(b) the various stages of the hearing;

(c) the names of the lawyers and witnesses;

(d) the names of the clerk and the stenographer;

(e) the exhibits filed;

(f) the Court orders, and the decisions rendered without being taken under advisement, except those concerning the evidence given in the depositions;

(g) the admissions dictated to the stenographer or mechanically recorded;

(h) the admissions dictated to the court clerk, which must be signed by the parties or their lawyers; and

(i) where applicable, the reasons stated by the Court for not proceeding with the case.

Similarly, the court clerk marks the exhibits with a letter and series of numbers previously used, and indicates and initials the case number; the clerk indicates on the copies of doctrine and jurisprudence the name of the lawyer or party who filed it.

The clerk prepares a separate list of exhibits filed by each of the parties and describes each exhibit.”.

Decision 2023-06-20, s. 1; Erratum, 2023 G.O. 2, 2731.