civil code of procedure
Civil procedure refers only to form and procedure, and not to the substantive law which gives people the right to sue or defend a lawsuit. In addition, the judgment is notified to every person to whom the application was notified. The purpose of a settlement conference is to facilitate dialogue between the parties to help them better understand and assess their respective needs, interests and positions, and explore solutions that may lead to a mutually satisfactory agreement to resolve the dispute. A party against which a default judgment is so rendered following failure to answer the summons or defend on the merits may, within one year after the judgment date, apply for the revocation of the judgment if it can show that, by no fault of its own, it did not become aware of the proceeding in sufficient time to file a defence or to exercise a recourse against the decision, and if the grounds raised in its defence do not appear completely unfounded. The defendant or an intervenor may raise any grounds of defence and, if appropriate, propose terms of payment. In a proceeding involving a public interest issue, the court, even on its own initiative, may order the parties to invite the Attorney General of Québec to intervene as a party. A judgment concerning tutorship to an absentee or to a minor, protective supervision or a protection mandate is notified without delay to the Public Curator, except a judgment authorizing the designation of a suppletive tutor where the value of the minor’s property does not exceed $25,000. Prescription of their right of action against the debtor is suspended. A judge of the Court of Appeal may, however, suspend execution of the judgment. 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. The statements it contains must be clear, precise and concise, presented in logical order and numbered consecutively. If provisional execution is not ordered by the judgment itself, it cannot be ordered subsequently except on appeal, with or without a surety. Civil justice administered by the courts is public. If such a deposit has not been required, the joint expert has a right of action against all the parties to the proceeding, who are solidarily liable for the amount due. A judgment rendered against the formal warrantor is enforceable against the plaintiff in warranty after it is notified to the latter. A judgment ordering the drawing up or correction of an act of civil status or the alteration of the register of civil status must specify the entries to be made in the register. In witness whereof the undersigned, being duly authorised thereto, have signed the present Convention. (Amendment integrated into c. C-19, ss. The Civil Code comprises a body of rules which, in all matters within the letter, spirit or object of its provisions, lays down the jus commune, expressly or by implication. — the legal costs, if any, of the seizing creditor; hypothecary claims against the property sold; If an opposition to the seizure was made tardily by a person revendicating the property or holding a real right in the property, and the opposition was allowed after the sale, the bailiff enters the person’s claim in the collocation scheme, according to the person’s rank. PRINCIPLES OF PROCEDURE APPLICABLE TO PRIVATE DISPUTE PREVENTION AND RESOLUTION PROCESSES, PRINCIPLES OF PROCEDURE APPLICABLE BEFORE THE COURTS, PUBLIC NATURE OF PROCEDURE BEFORE THE COURTS, RULES OF INTERPRETATION AND APPLICATION OF THIS CODE, POWER TO IMPOSE SANCTIONS FOR ABUSE OF PROCEDURE, POWERS OF COURTS, JUDGES AND COURT CLERKS, PROCEDURE APPLICABLE TO ALL JUDICIAL APPLICATIONS, REPRESENTATION BEFORE COURTS AND CAPACITY TO ACT, READINESS FOR TRIAL AND SETTING DOWN FOR TRIAL AND JUDGMENT, PROCESSING OF CASE SET DOWN FOLLOWING DEFENDANT’S DEFAULT, INTERVENTION OF THIRD PERSONS IN PROCEEDING, INCIDENTAL PROCEEDINGS RELATING TO PARTIES’ LAWYERS, INCIDENTAL PROCEEDINGS RELATING TO PLEADINGS, CONSOLIDATION AND SEPARATION OF PROCEEDINGS, INCIDENTAL PROCEEDINGS THAT TERMINATE PROCEEDING, SPECIAL RULES APPLICABLE TO PHYSICAL, MENTAL OR PSYCHOSOCIAL EXAMINATION, DISCLOSURE AND FILING OF EXHIBITS AND OTHER EVIDENCE, DOCUMENT OR REAL EVIDENCE IN POSSESSION OF PARTY OR THIRD PERSON, HEARING OF MINOR OR INCAPABLE PERSON OF FULL AGE, TESTIMONY GIVEN OUTSIDE PRESENCE OF COURT, JUDGMENT, APPLICATION FOR REVOCATION AND APPEAL, REVOCATION ON APPLICATION BY THIRD PERSON, CONDITIONS IMPOSED ON APPEAL OR DISMISSAL OF APPEAL, APPLICATIONS IN COURSE OF PROCEEDING AND INCIDENTAL APPLICATIONS, RULES APPLICABLE TO CERTAIN CIVIL MATTERS, APPLICATIONS IN MATTERS GOVERNED BY LAW OF PERSONS, APPLICATIONS RELATING TO PERSONAL INTEGRITY, APPLICATIONS RELATING TO PERSONAL STATUS AND CAPACITY, RULES GOVERNING APPLICATION AND PROCEEDING, PARENTING AND MEDIATION INFORMATION SESSION, ASSESSMENT BY PSYCHOSOCIAL ASSESSMENT SERVICE, JOINT APPLICATION FOR SEPARATION FROM BED AND BOARD, DIVORCE OR DISSOLUTION OF CIVIL UNION ON BASIS OF DRAFT AGREEMENT, APPLICATIONS RELATING TO SUPPORT OBLIGATIONS, APPLICATIONS RELATING TO PARENTAL AUTHORITY, APPLICATIONS RELATING TO SUCCESSIONS, PROPERTY, SECURITY AND EVIDENCE, PROBATE OF WILLS AND LETTERS OF VERIFICATION, APPLICATIONS RELATING TO PUBLICATION OF RIGHTS AND TO ACQUISITIVE PRESCRIPTION OF AN IMMOVABLE, APPLICATIONS INVOLVING PRIVATE INTERNATIONAL LAW, ROGATORY COMMISSION ISSUED IN FOREIGN STATE, RECOGNITION AND ENFORCEMENT OF FOREIGN DECISIONS AND FOREIGN PUBLIC DOCUMENTS, SEIZURE BEFORE JUDGMENT AND SEQUESTRATION, SPECIAL RULES APPLICABLE TO USURPATION OF OFFICE, NOTICE OF HEARING AND CALLING OF WITNESSES, JUDGMENT, AND ITS EFFECTS AND PUBLICATION, PRIVATE DISPUTE PREVENTION AND RESOLUTION PROCESSES, SPECIAL PROVISIONS APPLICABLE TO FAMILY MEDIATION, SPECIAL PROVISIONS APPLICABLE TO INTERNATIONAL COMMERCIAL ARBITRATION, RECOGNITION AND ENFORCEMENT OF ARBITRATION AWARDS MADE OUTSIDE QUÉBEC, RIGHTS AND OBLIGATIONS OF PARTICIPANTS IN EXECUTION PROCEEDINGS, RULES APPLICABLE IN EVENT OF DEATH OR IN CASE OF INCAPACITY, SPECIAL RULES APPLICABLE TO FORCED EXECUTION IN REAL ACTIONS, SEIZURE OF MOVABLE AND IMMOVABLE PROPERTY IN EXECUTION, SPECIAL RULES APPLICABLE TO CERTAIN SEIZURES, SEIZURE OF SECURITIES OR SECURITY ENTITLEMENTS TO FINANCIAL ASSETS, SEIZURE OF PROPERTY IN SAFE OR SAFETY DEPOSIT BOX, DISTRIBUTION OF PROCEEDS OF SALE OR MONEY SEIZED, ACT RESPECTING FINANCIAL ASSISTANCE FOR EDUCATION EXPENSES, ACT RESPECTING LEGAL AID AND THE PROVISION OF CERTAIN OTHER LEGAL SERVICES, This Code establishes the principles of civil justice and, together with the Civil Code and in harmony with the Charter of human rights and freedoms (. A third person is impleaded by service of a declaration of intervention setting out the grounds justifying the forced intervention of that third person as a party, together with the judicial application. Uncertificated securities or security entitlements to financial assets are seized by serving the notice of execution on the issuer or on the securities intermediary that maintains the debtor’s securities account, as applicable. Once a case has been set down, the judge who is to preside over the trial, or any other judge designated by the chief justice or chief judge, may, on the judge’s own initiative or on request, convene the lawyers to discuss appropriate means of simplifying and shortening the trial. If the circumstances so require, the court may adjourn a trial subject to the conditions it determines. 2996). Where a Québec court is seized of a dispute that involves a foreign element and the defendant has no domicile, residence or establishment in Québec, the latter has 30 days to answer the summons and the parties have three months from the date on which the originating application is served to file a case protocol; these time limits may be shortened if the parties consent or if, in an urgent situation, the judge so orders. The notary seized of an application must have it served on the person concerned and must notify it to all persons who may have an interest in it given their close relationship with that person. the civil code of the state of california. The Central Authority of the State addressed shall itself serve the document or shall arrange to have it served by an appropriate agency, either –. The main private dispute prevention and resolution processes are negotiation between the parties, and mediation and arbitration, in which the parties call on a third person to assist them. The notifying party pays the notification costs in advance or undertakes to reimburse them, unless otherwise provided by an international commitment binding on Québec. A person who disobeys a court order or injunction or acts in such a way as to interfere with the orderly administration of justice or undermine the authority or dignity of the court is guilty of contempt of court. If the originating application has not yet been served, it is served with the injunction; if the originating application has not yet been filed, the injunction is served without the originating application, but the latter must be served within the time set by the court. Code of Civil Procedure In its wording, the Code of Civil Procedure has the following status: the version as promulgated on 5 December 2005 (Federal Law Gazette I 2005, page 3202), (2006, page 431) as amended by Article 50 of the Act dated 19 April 2006 (Federal Law Gazette I page The courts cannot adjudicate beyond what is sought by the parties. Witnesses are called to attend at court by a subpoena issued by a judge, a court clerk acting on a party’s request or a lawyer. Once the judgment has become final, the court of first instance orders the publication of a notice stating the substance of the judgment and notification of the notice to each known class member. A sworn statement, whatever its medium, must set out the facts and other evidence clearly and only contain facts or evidence that are relevant and the truth of which can be attested to by the person making the statement. The court clerk also notifies to the creditors any declaration of a change in the debtor’s situation. Court clerks and special clerks only exercise the jurisdiction expressly assigned to them by law. After hearing the third person and the parties, the court may grant authorization if it is of the opinion that the intervention is expedient; in making its decision, the court considers the importance of the issues in dispute, particularly in relation to the public interest, and the usefulness of the third person’s contribution to the debate. If the affiant fails to attend, the affidavit is rejected. If an arbitrator must be replaced, the procedure for the appointment of an arbitrator applies. A judgment authorizing care, the alienation of a part of a person's body or confinement in a health or social services institution expires if not acted upon within three months or within any other time specified by the court. If any of the other parties must respond following the withdrawal or amendment of a pleading, the time limit for responding is set by the parties or, if the time limit is not already specified in the case protocol, by the court. Another party may ask the court to order the party to produce any other excerpt that cannot be dissociated from an excerpt that has already been produced. An application for revocation must be served on all parties to the proceeding within 30 days after the day on which the cause preventing the party from filing a defence ceased to exist, or after the day on which the party became aware of the judgment, evidence or fact that constitutes grounds for the revocation. The judgment creditor may also seize any immovables possessed by the debtor. If the decision is quashed, matters are restored to their former state. Such an injunction, called a protection order, may be obtained, in particular, in a context of violence, such as violence based on a concept of honour. The notary must attach a notice stating the date, time and place the notary is to begin the notarial operations, the subject matter of the application and the rights of the interested persons, including their right to make representations they consider appropriate or to oppose the application. A judgment ordering individual recovery specifies what issues remain to be decided in order to determine individual claims. On notification of a notice of execution, all participants in the execution proceedings are required, in addition to acting in accordance with the requirements of good faith, to co-operate in the proper execution of the judgment and abstain from doing anything likely to hinder it. The objective of the Code is to consolidate and amend the laws related to the procedure of the Courts of Civil Judicature. A third person in whose favour an encumbrance exists against the property may also oppose the sale if the property is advertised without any mention of the encumbrance and the encumbrance will be discharged by the sale. a right may be exercised to revendicate the seized property or any part of it. A reference to the paragraphs in the pleadings is sufficient to identify the facts that are sworn to. The mediator also sends the report to the Family Mediation Service, to each of the parties and, if represented, to their lawyers. The courts and judges enjoy judicial immunity. Any application for an exemption from the obligation to pay support and arrears to the Minister of Revenue, or for the suspension of that obligation, if the parties satisfy the conditions of section 3 or 3.1 of the Act to facilitate the payment of support (. (Amendment integrated into the Civil Code, a. If the parties or the plaintiff have not filed a case protocol or a proposed case protocol within the prescribed 45-day or three-month time limit for doing so, the six-month or one-year time limit under this article is counted from service of the application. On a party’s application, a lawyer may be declared disqualified to act in a proceeding, as when the lawyer is in a conflict of interest situation and does not take steps to remedy it, has disclosed or is likely to disclose confidential information to another party or a third person, or is called to testify in the proceeding on essential facts. Judges must be impartial and, in their decisions, they must have regard to the best interests of justice. The transmission slip is filed with the court office only if a party so requests. The court may allow the examination of other witnesses. Notification of pleadings to lawyers, notaries and bailiffs or between them cannot be made on Saturdays, on holidays or before 8 a.m. or after 5 p.m. except with their consent. A person impleaded by the application may participate in the establishment of the case protocol. If required by the circumstances, the mediator may, with the parties’ consent, use any appropriate, readily available technological means. The special rules for the conduct of certain civil matters set out in Book V and for special proceedings provided for in Book VI may supplement that procedure or depart from it. Service by a person designated by a bailiff is proved by a certificate of service drawn up by the person, stating their name, capacity and address. A sale under judicial authority is conducted to sell property seized to execute a judgment or property that is surrendered or whose surrender is ordered on the exercise of hypothecary rights. If the court office can receive pleadings in technological media, the pleading must be in one of the standardized formats determined by the Minister of Justice to ensure the proper operation of the court office. 1641). Otherwise, the chief justice may order a new hearing if the interests of justice so require. The Central Authority shall, in case of refusal, promptly inform the applicant and state the reasons for the refusal. The application for revocation commences a proceeding before the court that rendered the judgment. An application relating to divided co-ownership of an immovable is notified to the syndicate of co-owners, which must inform all the co-owners of the subject matter of the application within five days after the notification. If there is an appeal, the court or a judge of the Court of Appeal may order the person’s provisional release and set the conditions of release. Once signed by the parties and homologated by the court, the settlement agreement is equivalent to a judgment. Other objections raised during the examination, including objections based on relevance, do not prevent it from continuing, the witness being required to answer. Natural persons may self-represent before the courts, but must comply with the procedure established by this Code and the regulations under this Code. Title 1 General provisions. In addition, the mediator must be subject to rules of professional conduct and be required to take out civil liability insurance or provide some other form of security to cover injury to third persons. Within 10 days after notification of the bailiff’s report or the revised collocation scheme, any interested person may contest the scheme and ask the court for a determination of the persons to whom the proceeds of the sale and the sums seized are to be distributed. Unless otherwise provided by law, the issues on which the parties have an arbitration agreement cannot be brought before a court even though it would have jurisdiction to decide the subject matter of the dispute. Homologation is approval by a court of a juridical act in the nature of a decision or of an agreement. The party that called a witness may attack the credibility of the witness’s testimony by proving the opposite through other witnesses. An arbitrator may be recused if there is serious reason to question their impartiality or if the arbitrator does not have the qualifications agreed by the parties. In dealing with a non-contentious case relating to personal integrity, status or capacity, the court or the notary must act in the best interests of the person concerned while protecting the person’s rights and safeguarding the person’s autonomy. A person may oppose the seizure or proposed sale of property and ask for the annulment in whole or in part of the seizure or sale proceedings if. If circumstances permit, the court may decide the application for revocation and the original application at the same time. The custodian of seized property is required to disclose to the bailiff any situation which may result in the loss of the property. Again, such notice is required when a person intends to raise, in a proceeding, the issue of the navigability or floatability of a lake or watercourse or the issue of the ownership of the bed or banks of a lake or watercourse. An appellate judge may, on an application, suspend the time limits for appeal if the judgment has reserved the plaintiff’s right to claim additional damages for bodily injury. März 1804 eingeführt wurde. The answer is notified to the plaintiff’s lawyer or, if the plaintiff is not represented, to the plaintiff; it is filed with the court office whose contact information is given in the summons. If it is shown to the court that the application is of a conservatory nature, that a settlement is possible and that the effort required to prepare the case for trial would be wasted or disproportionate in the circumstances, and the court is in addition convinced of the seriousness of the steps taken, the court may stay the proceeding for the time it determines. In any family law case in which the interests of a minor child are at stake, the court, on its own initiative or on an application, may order the Psychosocial Assessment Service of the Superior Court to appoint an expert to enlighten the court on any custody-related or other issue affecting the child. This course is divided into eight modules to provide readers with a comprehensive understanding of the Code of Civil Procedure. (Amendment integrated into c. B-1, r. 22). As well, the judge may decide, despite the rules otherwise applicable, that it is best to proceed by way of briefs or memorandums or may, if necessary, modify time limits prescribed by this Code. On receiving notification of the default certificate, the officiant may proceed with the solemnization of the marriage or civil union. If a sum of money or a security is tendered, it is deposited with a trust company, and the receipt for the deposit is filed in the record. The sale may also be annulled on the application of the debtor or a creditor if the property is sold for a price that is clearly unreasonable given market conditions or if the sale is affected by serious irregularities that could not, despite reasonable diligence, be raised before the sale. The death of a party or its lawyer cannot operate to delay judgment in a matter taken under advisement. If the defendant fails to attend the case management conference, the case is set down for judgment on an order of the court. The judgment deciding a dispute or ruling on a case terminates the application; whether given at the hearing or rendered after a period of advisement, it must be in writing and give reasons. The party that applied for execution of the commission informs the foreign authority of when and where the proceedings are to take place. Unless the court decides otherwise, the application does not stay proceedings pending before another court or the execution of the judgment or decision under review. If the plaintiff accepts, the special clerk renders judgment accordingly. The notice of sale must be so published at least 30 days before the scheduled sale date. The award is deemed to have been made on that date and at that place. The court clerk must send the decision without delay to the chief justice or chief judge and to the parties’ lawyers. (Amendment integrated into c. T-16, s. 12). If the owner refuses the property, the bailiff may give it away to a charity or, if it cannot be given away, dispose of it as the bailiff sees fit. A class member who does not discontinue an originating application having the same subject matter as the class action before the time for opting out has expired is deemed to have opted out. If a proceeding is commenced, the evidence gathered during discovery does not prevent the witnesses or experts from being called to be examined anew, nor does it adversely affect any grounds of objection that a party may later wish to raise against the actual admissibility of the evidence so gathered. It sets out the content of the judgment notice to class members, which must include explanations as to those issues and as to the information and documents to be provided in support of an individual claim and any other information determined by the court. The notary may call a conference if the person concerned or a person to whom the application was notified requests one, including when the application relates to the homologation of a protection mandate. The decision must define the expert’s mission and set the time limit within which the expert report is to be submitted with the Psychosocial Assessment Service, which must not exceed three months after the expert’s appointment. In matters within their jurisdiction, they have the powers of the judges or the court. It also informs the parties that any other document not yet filed must be filed at least 21 days before the scheduled hearing date, and that any person mandated to represent the plaintiff must file the mandate with the court office. An application for placement of a child is made by the adopter and the director of youth protection; if special consent was given to the child’s adoption, the application may be made by the adopter alone. The certificate of service must be supported by a receipt given by the person who received the document, unless that person refused to give one, in which case that fact is recorded in the certificate of service. No information given or statement made in the course of the mediation process may be admitted in evidence in such proceedings. Within one year after the publication of the notice, class members must file their claim with the office of the court in the district where the class action was heard or in any other district the court specifies. an application whose subject matter is immovable property may also be brought before the court of the place where the property is wholly or partly situated. It refers to the minutes of seizure and the publications made, mentions any opposition filed, and specifies all sums obtained; it mentions any minutes drawn up in the course of execution. Whatever the method of notification used, a person who acknowledges receipt of the document or admits having received it is deemed to have been validly notified. Such an application is subject to the same rules as those governing an application for the homologation of an arbitration award, with the necessary modifications. Any movable property left on the premises on eviction of the debtor is deemed to have been abandoned by the debtor and the bailiff may sell it for the benefit of the creditor, give it away to a charity if it is not likely to be sold or otherwise dispose of it as the bailiff sees fit if it cannot be given away. In such instances, the plaintiff must file the exhibits and the plaintiff’s own affidavit with the court office. Any further affidavits must be authorized by the court. The application for the dismissal of an appeal must be filed with the office of the Court within 20 days after service of the notice of appeal, and cannot be presented before 30 days have elapsed since its filing. Notification may be made by any appropriate method that provides the notifier with proof that the document was delivered, sent or published. A judgment granting an injunction is served on the parties and the other persons identified in the judgment. A witness who refuses to answer a question without valid cause is guilty of contempt of court, as is a witness who is in possession of relevant evidence and refuses to produce it or to make it available to the court. Custody of the property cannot be given to an insolvent person or to a person who may be placed in a conflict of interest situation as a result, and the custody costs must be reasonable under the circumstances. Any other extension requires the authorization of the court. If a multi-jurisdictional class action has been instituted outside Québec, the court, in order to protect the rights and interests of class members resident in Québec, may disallow the discontinuance of an application for authorization, or authorize another plaintiff or representative plaintiff to institute a class action involving the same subject matter and the same class if it is convinced that the class members’ interests would thus be better served. It must be notified in sufficient time to the notary; the notary certifies on the act that they are acting on the order of the court. The purpose of a seizure before judgment is to place property in the hands of justice while a proceeding is pending. The notary informs them, on the same occasion, of their right to file their opposition with the court in the 10 days preceding the date specified by the notary for the filing of the minutes with the court office. The instalments cannot be spread over more than one year. Such applications must also state, if known, the names of the child’s parents of origin, their place of residence and domicile and, if the parents are domiciled outside Québec, their nationality and their status as Canadian citizens, permanent residents or persons authorized to stay or settle permanently in Canada, if applicable. Any case in which the interests of the parties and their children are at stake in connection with child custody, spousal or child support, the family patrimony, other patrimonial rights arising from the marriage or civil union or the partition of property between de facto spouses cannot proceed to trial unless the parties have jointly or separately participated in a parenting and mediation information session. If circumstances permit, the court may attempt to reconcile the parties during the hearing or at a settlement conference. In that case, the mediation session is presided over by a lawyer or a notary, certified as a mediator by their professional order. An interlocutory injunction may be granted if the applicant appears to have a right to it and it is judged necessary to prevent serious or irreparable prejudice to the applicant or to avoid creating a factual or legal situation that would render the judgment on the merits ineffective.
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