TITLE III DEFAULT TO APPEAR AND DEFAULT TO PLEAD

192. If the defendant fails to appear within 10 days of service of the motion to institute proceedings, the plaintiff may inscribe the case for judgment by default or for proof and hearing before the court or the special clerk.

If the defendant fails to file a defence within the time limit agreed between the parties or determined by the court, the plaintiff may inscribe the case for judgment by the clerk or for proof and hearing before the court or the special clerk.

The court or the clerk may, of their own motion or on an application, order the cancellation of an inscription made prematurely or irregularly.

1965 (1st sess.), c. 80, a. 192; 1992, c. 57, s. 243; 2002, c. 7, s. 31.

193. At least two clear juridical days\' notice of the date on which the inscription will be presented must be given to the defendant foreclosed from pleading. No notice is necessary if the defendant has made default to appear.

1965 (1st sess.), c. 80, a. 193.

194. The only actions that may be inscribed for judgment before the clerk are those for a sum of money which are founded on:

(1) an authentic deed or private writing;

(2) a verbal agreement to pay a specific sum of money;

(3) a detailed account pertaining to the sale price of a movable that has been delivered or the price of a contract for services that have been provided.

The inscription must be accompanied by an affidavit attesting that the amount claimed is owing by the defendant to the plaintiff.

The clerk renders judgment upon inspection of the affidavit and of the document upon which the action is based. The clerk may also validate any seizure before judgment made in the proceeding.

1965 (1st sess.), c. 80, a. 194; 1992, c. 57, s. 420; 2002, c. 7, s. 32.

195. An action not contemplated in article 194 is inscribed for proof and hearing before the court or, if it is not an application for separation from bed and board, marriage annulment or divorce or for the dissolution or annulment of a civil union or an application relating to filiation or parental authority, before the special clerk.

The proof and hearing are governed by the provisions of articles 280 to 331, except that a defendant foreclosed from pleading may not produce any witnesses.

1965 (1st sess.), c. 80, a. 195; 1972, c. 70, s. 10; 1977, c. 73, s. 7; 1982, c. 17, s. 11; 1992, c. 57, s. 244, s. 420; 2002, c. 6, s. 93.

196. When proof and hearing are necessary, and the defendant has made default to appear, the witnesses may be heard out of court; but if the defendant has appeared the witnesses can only be heard out of court with the permission of the court or the consent of the parties.

Notwithstanding the foregoing, the court cannot maintain an application for the annulment of a marriage or a civil union unless the plaintiff\'s evidence has been given before the court.

The depositions must then by made by affidavits sufficiently detailed to establish all the necessary facts in support of the conclusions sought, or be taken by stenography or written down, before a person authorized to administer the oath, and be filed in the record, and shall have the same effect as if taken in open court.

1965 (1st sess.), c. 80, a. 196; 1982, c. 58, s. 20; 1986, c. 85, s. 1; 2002, c. 6, s. 94.

197. If there are several defendants and only one or some of them make default to appear or to plead, the plaintiff may proceed at once to judgment against those in default, by inscribing for judgment by the court, after giving notice to all who have appeared. However, if the court is of opinion that the case requires a uniform decision for all the defendants, whether by reason of the object of the demand or in order to avoid contradictory judgments, it shall not render judgment immediately but shall order that the action be decided by one judgment as regards all defendants.

1965 (1st sess.), c. 80, a. 197.

198. (Repealed).

1965 (1st sess.), c. 80, a. 198; 1983, c. 28, s. 8; 1992, c. 57, s. 245.

198.1. Where a proceeding introductive of suit was transmitted to a foreign state in order to be served in accordance with any mode of service acknowledged by the law of that state for the service of proceedings from abroad in its territory and it is proved that, despite reasonable efforts in applying to the proper authorities of that state to obtain a return of service, no such return was received within six months of the transmission of the application, the judge may render a judgment against a defendant who has not appeared or who has not pleaded.

1985, c. 29, s. 9.