C-25.01 - Code of Civil Procedure

Section 228 Disposition versions

2020-12-11

228. Before a pre-trial examination is held, the parties may submit the objections they anticipate to a judge for a decision or for directives as to the conduct of the examination.

If the objections raised during the examination pertain to the fact that the person examined cannot be compelled, to fundamental rights or to an issue raising a substantial and legitimate interest, the person may refrain from answering. Such objections must be presented before the court within five days for a decision.

Other objections raised during the examination, including objections based on relevance, do not prevent it from continuing, the witness being required to answer. Such objections are recorded for a decision by the court at trial unless they can be submitted to the court for an immediate decision.

The judgment on an objection may be rendered on the face of the record.

2014, c. 1, a. 228; 2020, c. 29, s. 33.

2016-01-01

228. Before a pre-trial examination is held, the parties may submit the objections they anticipate to a judge for a decision or for directives as to the conduct of the examination.

If the objections raised during the examination pertain to the fact that the person examined cannot be compelled, to fundamental rights or to an issue raising a substantial and legitimate interest, the person may refrain from answering. Such objections must be presented before the court within five days for a decision.

Other objections raised during the examination, including objections based on relevance, do not prevent it from continuing, the witness being required to answer. Such objections are recorded for a decision by the court at trial unless they can be heard by the court for an immediate decision.

The judgment on an objection may be rendered orally or in writing.

2014, c. 1, a. 228.