C-25.01 - Code of Civil Procedure

Section 392 Disposition versions

2016-01-01

392. The court seized of an application may delegate the responsibility of hearing the person of full age or the minor, and of drawing up minutes recording their answers, to a judge or a court clerk in the judicial district of the person’s residence or, at the parties’ expense, to a notary practising in that district. The minutes are sent to the court and to the applicant.

In the case of a person of full age living in a remote location, the notary seized of an application may delegate the responsibility of hearing the person to another notary in order to avoid excessive travel expenses. If not sufficiently fluent in the person’s language, the notary may also mandate a notary who speaks the language. The latter hears the person, draws up minutes of the meeting and attaches the answers recorded. If it is necessary for the notary seized of the application or the other notary to retain the services of an interpreter, the interpreter, in the notary’s presence, records the answers, and attests to their faithfulness, in a document that the notary attaches to the minutes.

If the person has not been examined, that fact is recorded, with reasons, in the judgment rendered by the court or in the minutes drawn up by the notary seized of the application.

2014, c. 1, a. 392.