C-25.01 - Code of Civil Procedure

Section 71 Disposition versions

2016-01-01

71. If the judge is absent or unable to act and any delay could result in the loss of a right or cause serious prejudice, the court clerk may exercise the jurisdiction of the judge.

However, the court clerk cannot decide an incidental application, issue an order for police assistance or authorize a seizure before judgment unless no judge or special clerk is present in the district; nor may the court clerk decide an application for a stay unless it is impossible to reach a judge in another district or the on-call judge designated by the chief justice or chief judge.

In addition to applications expressly excluded from the jurisdiction of court clerks, the court clerk may in no case decide an application relating to personal integrity, status or capacity, authorize the seizure of property on a debtor’s person or decide an application for judicial review or an application for an injunction.

2014, c. 1, a. 71.