C-25 - Code of Civil Procedure

Section 764 Disposition versions

2003-01-01

764. (Repealed).

1965 (1st sess.), c. 80, a. 764; 1992, c. 57, s. 367; 2002, c. 7, s. 107.

1994-01-01

764. The motion is served on the respondent and on any person whose presence is necessary for the full settlement of the matter; it must be accompanied with a notice of not less than 10 days of the date on which it will be presented containing, in easily legible type, the text appearing in Schedule 3.

The respondent must state verbally, on the day fixed for the presentation of the motion, the grounds for contestation, including preliminary exceptions and applications he intends to present.

1965 (1st sess.), c. 80, a. 764; 1992, c. 57, s. 367.

1977-12-31

764. If the parties do not agree and if the party who has given the notice contemplated by article 762 desires to sue, he does so by filing the notice in the office of the court with the return of service, and gives notice thereof to the opposite party, at the same time calling upon him to appear within ten days.

If the opposite party does not appear, the party demanding the determination of the boundaries may proceed by default; if the opposite party appears and contests the action, his contestation follows the ordinary rules.

The court seized with the action decides the right to have the boundaries determined, and, if necessary, appoints an expert who proceeds in the manner contemplated in article 763 and reports to the court.

1965 (1st sess.), c. 80, a. 764.