GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Regulation of the Court of Québec — Regulation of the Court of Québec
Notwithstanding the time limit provided for in the third paragraph, if the reasons for the postponement are known less than 10 days before the date set for the trial, the coordinating judge, the associate coordinating judge or a judge designated by one of the former may receive a written application for postponement and make a decision, ensuring that the best interests of justice are served. When the postponement is granted, the reasons for the decision are entered in the record.
Regulation of the Court of Québec — Regulation of the Court of Québec
When the postponement is granted, the reasons for the decision are entered in the record.
Regulation of the Court of Québec — 29
29 Opening and adjournment of the hearing. The persons present at a hearing must rise when the judge enters the room and remain standing until the judge is seated. At the opening of the hearing, the court bailiff or clerk says aloud, as the case may be, “Silence. Please rise. The Court of Québec, presided over by the Honourable Judge is now in session” or “Silence. Please rise. The Court of Québec, presided over by the presiding justice of the peace is now in session”. Once the judge is seated, the court bailiff or clerk asks those present to be seated. When the judge leaves, the court bailiff or clerk asks those present to rise, and no person may leave his or her seat until the judge has left the room.
Regulation of the Court of Québec — Regulation of the Court of Québec
At the opening of the hearing, the court bailiff or clerk says aloud, as the case may be, “Silence. Please rise. The Court of Québec, presided over by the Honourable Judge is now in session” or “Silence. Please rise. The Court of Québec, presided over by the presiding justice of the peace is now in session”.
Regulation of the Court of Québec — Regulation of the Court of Québec
Once the judge is seated, the court bailiff or clerk asks those present to be seated.
Regulation of the Court of Québec — Regulation of the Court of Québec
When the judge leaves, the court bailiff or clerk asks those present to rise, and no person may leave his or her seat until the judge has left the room.
Regulation of the Court of Québec — 30
30 Swearing in. The clerk, in the presence of the judge, swears witnesses in by asking them to take an oath or make a solemn affirmation.
Regulation of the Court of Québec — 31
31 Interpreter. A party relying on the services of an interpreter must notify the court office without delay. In civil cases, a party requiring the assistance of an interpreter must retain and pay for the interpreter’s services, unless otherwise decided by the court.
Regulation of the Court of Québec — Regulation of the Court of Québec
In civil cases, a party requiring the assistance of an interpreter must retain and pay for the interpreter’s services, unless otherwise decided by the court.
Regulation of the Court of Québec — 32
32 Technological devices. The use of personal technological devices is permitted in accordance with guidelines issued by the chief judge on the use of technology in courtrooms.
Regulation of the Court of Québec — 33
33 Security in courtrooms. During hearings, the security of the persons present and responsibility for the persons for whom detention or confinement in an institution has been ordered are ensured by a special constable, according to the terms and conditions agreed upon with the Ministère de la Sécurité publique. Hearings begin when the judge considers that security is ensured.
Regulation of the Court of Québec — Regulation of the Court of Québec
Hearings begin when the judge considers that security is ensured.
Regulation of the Court of Québec — 34
34 Sound recording. The clerk is required to make a sound recording of the trial. When requested by the court, the clerk ensures the operation of any other technological communications device. When the services of a stenographer are required, the stenographer proceeds to the courtroom at the time the hearing begins and remains there until released by the judge, the parties or their lawyers or notaries. The stenographer is required to record the whole trial, including the addresses, except if exempted by the judge.
Regulation of the Court of Québec — Regulation of the Court of Québec
When the services of a stenographer are required, the stenographer proceeds to the courtroom at the time the hearing begins and remains there until released by the judge, the parties or their lawyers or notaries.
Regulation of the Court of Québec — Regulation of the Court of Québec
The stenographer is required to record the whole trial, including the addresses, except if exempted by the judge.
Regulation of the Court of Québec — 35
35 Testimony outside court. Any testimony given outside court is recorded in a way that allows it to be stored and reproduced. When a stenographer’s services are used, the stenographer may, in the event of a failure to observe decorum or good order, suspend the taking of testimony in order to obtain from the judge, as soon as possible, a decision on whether to continue. Stenographic notes may be filed in “four in one” format, with an alphabetical index.
Regulation of the Court of Québec — Regulation of the Court of Québec
When a stenographer’s services are used, the stenographer may, in the event of a failure to observe decorum or good order, suspend the taking of testimony in order to obtain from the judge, as soon as possible, a decision on whether to continue.
Regulation of the Court of Québec — Regulation of the Court of Québec
Stenographic notes may be filed in “four in one” format, with an alphabetical index.
Regulation of the Court of Québec — 36
36 Transcript or copy of sound recording. When a transcript of the evidence is required by the judge, the clerk must provide it within 30 days unless the judge decides otherwise. When a judge renders judgment at the hearing, any request for a transcript or a copy of the sound recording must be sent to the judge in order to review its accuracy. Unless otherwise provided for or otherwise ordered by the judge, every person may obtain from the clerk, on payment of the fees, a copy of the sound recording of a trial. In youth protection and adoption cases, except if an appeal has been filed, the sound recording of the trial and the stenographic notes cannot be copied or transcribed without authorization from the court, which sets the conditions for access and disclosure. In such cases, the clerk stores the transcript of the hearing separately from the record. In youth criminal justice cases, the original transcript of the hearing must be filed in the record.
Regulation of the Court of Québec — Regulation of the Court of Québec
When a judge renders judgment at the hearing, any request for a transcript or a copy of the sound recording must be sent to the judge in order to review its accuracy.
Regulation of the Court of Québec — Regulation of the Court of Québec
Unless otherwise provided for or otherwise ordered by the judge, every person may obtain from the clerk, on payment of the fees, a copy of the sound recording of a trial.
Regulation of the Court of Québec — Regulation of the Court of Québec
In youth protection and adoption cases, except if an appeal has been filed, the sound recording of the trial and the stenographic notes cannot be copied or transcribed without authorization from the court, which sets the conditions for access and disclosure. In such cases, the clerk stores the transcript of the hearing separately from the record.
Regulation of the Court of Québec — Regulation of the Court of Québec
In youth criminal justice cases, the original transcript of the hearing must be filed in the record.
Regulation of the Court of Québec — 38
38 Authorities. Any party may produce a book of authorities containing doctrine and case law. The relevant passages must be identified. It is permitted to produce only the relevant excerpts of doctrine and case law, in which case the pages immediately preceding and following the excerpts or, for case law, the reference and summary of the decision or order, must be included. Double-sided printing is permitted.
Regulation of the Court of Québec — Regulation of the Court of Québec
It is permitted to produce only the relevant excerpts of doctrine and case law, in which case the pages immediately preceding and following the excerpts or, for case law, the reference and summary of the decision or order, must be included.
Regulation of the Court of Québec — 39
39 List of authorities. In a given matter, a list of authorities for doctrine and case law may be established by a directive of the chief judge, or agreed on by the parties with the assent of the judge. These authorities are deemed to have been produced and the parties are exempted from reproducing them.
Regulation of the Court of Québec — 40
40 Regulatory and legislative provisions. In civil cases, a represented party that invokes regulatory or legislative provisions other than those of the Civil Code of Québec , the Code of Civil Procedure (chapter C-25.01), the Constitution Act, 1982 , Schedule B to the Canada Act 1982 (UK), 1982, c. 11, the Charter of Human Rights and Freedoms (chapter C-12) and the Consumer Protection Act (chapter P-40.1) must provide a copy for the judge and parties. In criminal and penal cases, a represented party that invokes regulatory or legislative provisions other than those of the Constitution Act, 1982 , Schedule B to the Canada Act 1982 (UK), 1982, c. 11, the Criminal Code (R.S.C. 1985, c. C-46), the Canada Evidence Act (R.S.C., 1985, c. C-5), the Controlled Drugs and Substances Act (S.C., 1996, c. 19), the Charter of Human Rights and Freedoms (chapter C-12), the Code of Penal Procedure (chapter C-25.1) and the Highway Safety Code (chapter C-24.2) must provide a copy for the judge and parties. In youth protection and adoption cases, a represented party that invokes regulatory or legislative provisions other than those of the Youth Protection Act (chapter P-34.1), the Act respecting health services and social services (chapter S-4.2), the Civil Code of Québec , the Code of Civil Procedure (chapter C-25.01), the Youth Criminal Justice Act (S.C. 2000, c. 1), the Criminal Code (R.S.C. 1985, c. C-46), the Constitution Act, 1982 Constitution Act, 1982 , Schedule B to the Canada Act 1982 (UK), 1982, c. 11 and the Charter of Human Rights and Freedoms (chapter C-12) must provide a copy for the judge and parties. In youth criminal justice cases, a represented party that invokes regulatory or legislative provisions other than those of the Constitution Act, 1982 Constitution Act, 1982 , Schedule B to the Canada Act 1982 (UK), 1982, c. 11, the Civil Code of Québec , the Code of Civil Procedure (chapter C-25.01), the Youth Criminal Justice Act (S.C. 2000, c. 1), the Youth Protection Act (chapter P-34.1), the Act respecting health services and social services (chapter S-4.2), the Criminal Code (R.S.C., 1985, c. C-46), the Canada Evidence Act (R.S.C., 1985, c. C-5), the Controlled Drugs and Substances Act (S.C. 1996, c. 19), the Charter of Human Rights and Freedoms (chapter C-12), the Code of Penal Procedure (chapter C-25.1), the Highway Safety Code (chapter C-24.2) and the Contraventions Act (S.C. 1992, c. 47) must provide a copy for the judge and parties.
Regulation of the Court of Québec — Regulation of the Court of Québec
In criminal and penal cases, a represented party that invokes regulatory or legislative provisions other than those of the Constitution Act, 1982 , Schedule B to the Canada Act 1982 (UK), 1982, c. 11, the Criminal Code (R.S.C. 1985, c. C-46), the Canada Evidence Act (R.S.C., 1985, c. C-5), the Controlled Drugs and Substances Act (S.C., 1996, c. 19), the Charter of Human Rights and Freedoms (chapter C-12), the Code of Penal Procedure (chapter C-25.1) and the Highway Safety Code (chapter C-24.2) must provide a copy for the judge and parties.
Regulation of the Court of Québec — Regulation of the Court of Québec
In youth protection and adoption cases, a represented party that invokes regulatory or legislative provisions other than those of the Youth Protection Act (chapter P-34.1), the Act respecting health services and social services (chapter S-4.2), the Civil Code of Québec , the Code of Civil Procedure (chapter C-25.01), the Youth Criminal Justice Act (S.C. 2000, c. 1), the Criminal Code (R.S.C. 1985, c. C-46), the Constitution Act, 1982 Constitution Act, 1982 , Schedule B to the Canada Act 1982 (UK), 1982, c. 11 and the Charter of Human Rights and Freedoms (chapter C-12) must provide a copy for the judge and parties.
Regulation of the Court of Québec — Regulation of the Court of Québec
In youth criminal justice cases, a represented party that invokes regulatory or legislative provisions other than those of the Constitution Act, 1982 Constitution Act, 1982 , Schedule B to the Canada Act 1982 (UK), 1982, c. 11, the Civil Code of Québec , the Code of Civil Procedure (chapter C-25.01), the Youth Criminal Justice Act (S.C. 2000, c. 1), the Youth Protection Act (chapter P-34.1), the Act respecting health services and social services (chapter S-4.2), the Criminal Code (R.S.C., 1985, c. C-46), the Canada Evidence Act (R.S.C., 1985, c. C-5), the Controlled Drugs and Substances Act (S.C. 1996, c. 19), the Charter of Human Rights and Freedoms (chapter C-12), the Code of Penal Procedure (chapter C-25.1), the Highway Safety Code (chapter C-24.2) and the Contraventions Act (S.C. 1992, c. 47) must provide a copy for the judge and parties.
Regulation of the Court of Québec — 41
41 Plan of Argument. The judge may require the parties to produce a Plan of Argument summarizing the arguments raised with references to the supporting evidence and authorities.
Regulation of the Court of Québec — 42
42 Declaration of quarrelsomeness. The clerk must send to the Ministère de la Justice du Québec, for entry into the public register of persons found to be quarrelsome, a copy of any order prohibiting the person from introducing pleadings that have been filed in the court office, while respecting the confidentiality required by law, in particular in youth protection and adoption matters; the clerk then notifies the chief judge.
Regulation of the Court of Québec — 43
43 Application for authorization to file an application. The application for authorization to file an application must be addressed to the chief judge or the judge designated by the chief judge and filed in the court office where the order originated, and the application may be decided on the face of the documents, without a hearing. The application for authorization must be filed with a copy of the order and the planned pleading. The chief judge or the judge designated by the chief judge may defer the application to the court, in which case the applicant must have the planned pleading served on the parties, giving ten days’ notice of presentation. A pleading that has not received prior authorization is deemed not to exist. The clerk must refuse to receive it, or the judge must reject it, unless it is an application for authorization or a notice of appeal.
Regulation of the Court of Québec — Regulation of the Court of Québec
The application for authorization must be filed with a copy of the order and the planned pleading.
Regulation of the Court of Québec — Regulation of the Court of Québec
The chief judge or the judge designated by the chief judge may defer the application to the court, in which case the applicant must have the planned pleading served on the parties, giving ten days’ notice of presentation.
Regulation of the Court of Québec — Regulation of the Court of Québec
A pleading that has not received prior authorization is deemed not to exist. The clerk must refuse to receive it, or the judge must reject it, unless it is an application for authorization or a notice of appeal.
Regulation of the Court of Québec — 44
44 Consultation of a record. A paper-based record or an exhibit filed with it may be consulted only in the presence of the clerk or a person designated by the clerk.
Regulation of the Court of Québec — 45
45 Removal. A record or exhibit may be removed from the court office only at the request or with the authorization of the judge or the clerk. The clerk must require written proof of consent from the parties, which is then filed in the record.
Regulation of the Court of Québec — 46
46 Court register. When a record is forwarded to the court or the judge, an updated excerpt from the court register is filed in it and all previous excerpts are destroyed.
Regulation of the Court of Québec — 47
47 Content. A written application presented in civil practice or to a judge acting in chambers must indicate its nature and object and a reference to the legislative or regulatory provision on which it is based. An application presented as part of a case management conference must indicate its nature and object, be accompanied by everything needed for its analysis, and refer to the legislative or regulatory provision on which it is based.
Regulation of the Court of Québec — Regulation of the Court of Québec
An application presented as part of a case management conference must indicate its nature and object, be accompanied by everything needed for its analysis, and refer to the legislative or regulatory provision on which it is based.
Regulation of the Court of Québec — 48
48 Examination of the case protocol. The case protocol is examined and the case management conference is held by the court in accordance with the directives of the chief judge.
Regulation of the Court of Québec — 49
49 Technological means. The court may, on its own initiative or at the written request of a party, hear an application using any appropriate technological means. The use of such technology is contingent on the quality of the equipment used and its availability. After examination, the judge communicates a decision to the parties. Where applicable, the parties make representations in the judge’s courtroom, in a suitably equipped room, or in the judge’s chambers. The parties and their lawyers or notaries are responsible for providing the judge’s office with the contact information to be used and for being available and reachable at the time set. At all times, a sound recording is required for conservation and reproduction purposes.
Regulation of the Court of Québec — Regulation of the Court of Québec
Where applicable, the parties make representations in the judge’s courtroom, in a suitably equipped room, or in the judge’s chambers.
Regulation of the Court of Québec — Regulation of the Court of Québec
The parties and their lawyers or notaries are responsible for providing the judge’s office with the contact information to be used and for being available and reachable at the time set.
Regulation of the Court of Québec — Regulation of the Court of Québec
At all times, a sound recording is required for conservation and reproduction purposes.
Regulation of the Court of Québec — 50
50 Examinations. The judge may authorize a pre-trial examination, an examination by affidavit or the examination of a witness outside the presence of the court using videoconference facilities or any other means of communication, if the means proposed appears to the judge to be reliable and proportionate to the circumstances of the case, taking into account the quality of the equipment used and its availability, and the possibility for the court of taking cognizance of and using the content of the examination. The judge must take into consideration, for the court, the technological environment for court business.
Regulation of the Court of Québec — 51
51 Application to set a date by priority. Every application to have a date set for a case by priority must be in writing, give reasons, and be submitted to the coordinating judge, associate coordinating judge or a judge designated by one of the former for that purpose. The application may be made for any case and for any serious reason, including the complexity of the case or the number of witnesses.
Regulation of the Court of Québec — Regulation of the Court of Québec
The application may be made for any case and for any serious reason, including the complexity of the case or the number of witnesses.
Regulation of the Court of Québec — 52
52 Readiness for trial. After the filing of the joint declaration, the parties must immediately notify the court of any pleading or circumstances which could modify the status of the case. Similarly, in the event of a discontinuance, transaction or bankruptcy, the parties must notify the court office and file, without delay, a copy of the notice of bankruptcy or the declaration evidencing the discontinuance or transaction.
Regulation of the Court of Québec — Regulation of the Court of Québec
Similarly, in the event of a discontinuance, transaction or bankruptcy, the parties must notify the court office and file, without delay, a copy of the notice of bankruptcy or the declaration evidencing the discontinuance or transaction.
Regulation of the Court of Québec — 53
53 Setting down by default. A setting down by default after a failure by a party to answer a summons, attend a case management conference without valid reason or defend the application must indicate the nature of the case and the amount in dispute.
Regulation of the Court of Québec — 54
54 Taking under advisement. Before submitting the record to the judge to take under advisement, the clerk ensures that it is complete. If the record is incomplete, the clerk must notify the lawyers or notaries or parties of the fact so that they may remedy the situation within the time set by the judge. No case may be taken under advisement until the record has been completed, unless the judge decides otherwise.
Regulation of the Court of Québec — Regulation of the Court of Québec
No case may be taken under advisement until the record has been completed, unless the judge decides otherwise.
Regulation of the Court of Québec — 55
55 Default judgment. Once evidence adduced pursuant to article 182 of the Code of Civil Procedure (chapter C-25.01) has been filed into the record, the clerk, if the special clerk does not have jurisdiction to render judgment and if the court is not sitting in the district, must forward the record to the judge who authorized the evidence or to any other judge designated by the chief judge.
Regulation of the Court of Québec — 56
56 Signed judgment on a pleading. A judgment written out and signed on a pleading presented to the judge does not need to be written out and signed again on a separate sheet, and a certified true copy of it may be issued by the clerk.
Regulation of the Court of Québec — 57
57 Incomplete trial or record. If the parties fail to complete the trial or the record within the time set by the judge when trying a case, whether contested or not, the judge may remove himself or herself from the case or render judgment on the basis of the record as constituted, or make any other order the judge considers appropriate, and notify the chief judge accordingly.
Regulation of the Court of Québec — 58
58 Application. This Division applies to appeals made to the Court of Québec, except appeals made under the Act respecting the Régie du logement (chapter R-8.1). The clerk who receives the pleading forwards it to the associate coordinating judge responsible for the Administrative and Appeal Division or, outside Montréal, to the associate coordinating judge for the Civil Division.
Regulation of the Court of Québec — Regulation of the Court of Québec
The clerk who receives the pleading forwards it to the associate coordinating judge responsible for the Administrative and Appeal Division or, outside Montréal, to the associate coordinating judge for the Civil Division.