TITLE I INTRODUCTION OF ACTIONS AND APPLICATIONS, APPEARANCE AND CASE MANAGEMENT

CHAPTER I

PRELIMINARY PROVISIONS

SECTION I

PROCEDURE APPLICABLE TO ACTIONS AND APPLICATIONS

110. Actions and applications are introduced by means of a motion. They are pursued according to the procedure set out in this Title, subject to special rules otherwise prescribed.

1965 (1st sess.), c. 80, a. 110; 1996, c. 5, s. 6; 2002, c. 7, s. 14.

110.1. Actions and applications that are to be contested orally must be heard or scheduled for proof and hearing and, in the latter case, referred by order to the clerk for scheduling of the hearing, and those that are to be contested in writing inscribed for proof and hearing, within a peremptory time limit of 180 days after service of the motion. In family matters, however, the peremptory time limit is one year.

The court may extend the peremptory time limits, if warranted by the complexity of the matter or special circumstances, upon a request submitted at the time of presentation of the motion to institute proceedings. If, on the day the motion to institute proceedings is presented, the parties are unable to assess the time needed to allow the scheduling of the hearing or the inscription of the case, they may request an extension on the same grounds at any time before the expiry of the peremptory time limit.

The court may also relieve a party from the consequences of failure to act within the time limit upon proof that it was in fact impossible for the party to act within the time limit.

The decision must in all cases contain reasons.

2002, c. 7, s. 14; 2004, c. 14, s. 1.

CHAPTER I.1

SUMMONS

SECTION I

CONTENT AND FORM OF MOTION

111. A motion to institute proceedings is a concise written statement of the facts on which the action or application is based and the conclusions sought.

The motion is prepared and signed by the plaintiff or the attorney for the plaintiff.

Except where prohibited by law or by circumstances, a motion may be made jointly.

1965 (1st sess.), c. 80, a. 111; 1991, c. 20, s. 5; 1992, c. 57, s. 420; 1996, c. 5, s. 6; 2002, c. 7, s. 14.

111.1. The motion to institute proceedings indicates the court seized of the action or application and the district in which it is brought and states the name, domicile and place of residence of the plaintiff and the name and last known place of residence of the defendant. It also indicates in what capacity a party is named in the motion if not in the party\'s personal capacity.

2002, c. 7, s. 14.

112. The plaintiff prepares an original and at least two copies of his motion to institute proceedings and notice. On request and after payment of the court costs, the original is numbered by the clerk; the copies are certified true by the plaintiff or his attorney, and one copy is filed in the office of the court, opening the court record.

The attorney must enter his name, address, telephone number and fax number, if any, on the original and on all the copies.

1965 (1st sess.), c. 80, a. 112; 1975, c. 83, s. 10; 1991, c. 20, s. 6; 1992, c. 57, s. 420; 1996, c. 5, s. 6; 2002, c. 7, s. 160.

113. In case of emergency, the original of the motion to institute proceedings may be filed with the clerk outside office hours even on a non-juridical day, provided that the court costs are paid forthwith to the clerk, or to the person designated by him under the third paragraph of article 44, who must as soon as possible affix the seal to the copy left with him for the court record, after having entered thereon the date of payment and amount of the costs.

1965 (1st sess.), c. 80, a. 113; 1992, c. 57, s. 420; 1996, c. 5, s. 6; 2002, c. 7, s. 160.

114. The clerk, upon proof that the original of a motion to institute proceedings has been lost or destroyed, may certify a copy to replace the original.

1965 (1st sess.), c. 80, a. 114; 1982, c. 17, s. 9; 1996, c. 5, s. 6; 2002, c. 7, s. 160.

115. A minister of the government, a clerk or registrar, a sheriff, the director of youth protection or the Public Curator, summoned in his capacity only, may be designated by his official title, if that designation is sufficient to identify him.

In actions upon bills of exchange or other private writings, negotiable or not, the defendant is sufficiently designated by his name or initials as they appear in the writing.

A defendant whose name is uncertain or unknown is sufficiently designated by a name that identifies him clearly, provided that the motion to institute proceedings is served on him in person.

A legal person must be designated by the name under which it is constituted or by which it identifies itself, with a mention of its head office; if it is a defendant, mention of the head office may be replaced by mention of its principal establishment. The syndicate of co-owners is designated by the name the co-owners as a body have given themselves or by the name by which they are generally known or by the address of the place where the immovable is located.

A general or limited partnership may be designated by the name it declares.

An association within the meaning of the Civil Code may be designated by the name it has adopted or by the name under which it is commonly known.

1965 (1st sess.), c. 80, a. 115; 1982, c. 17, s. 10; 1992, c. 57, s. 215; 1996, c. 5, s. 7; 2002, c. 7, s. 160.

116. Heirs, legatees by particular title and successors are summoned by service on the liquidator of the succession; however, where the liquidator is unknown or cannot be identified in due time, they may be summoned collectively, without mention of their names or places of residence.

The heirs are required to give written notice of the name and address of the liquidator to the opposite party; proceedings drawn up before service of the notice are valid, unless the court, on an application by the liquidator, decides otherwise; those drawn up afterwards are invalid, since the proceeding is suspended until it is continued by the liquidator in office.

The heirs and legatees by particular title of a person whose succession opens outside Quebec who have not registered a declaration of transmission pursuant to article 2998 of the Civil Code may be summoned collectively in any immovable real action relating to the succession.

1965 (1st sess.), c. 80, a. 116; 1981, c. 14, s. 11; 1992, c. 57, s. 215.

117. (Repealed).

1965 (1st sess.), c. 80, a. 117; 1994, c. 28, s. 4; 1996, c. 5, s. 8; 2002, c. 7, s. 15.

118. If the object of the demand is certain and determinate property, it must be described in such a manner as clearly to establish its identity.

If the object of the demand is an immovable, it must be described as prescribed in the Book of the Civil Code on the Publication of rights.

1965 (1st sess.), c. 80, a. 118; 1992, c. 57, s. 216.

119. The motion to institute proceedings must be accompanied by a notice to the defendant to appear within the time limit indicated in order to file an answer to the action or application. The time limit is 10 days from service of the notice, except where otherwise prescribed by this Code.

In addition, the notice to the defendant must state

(1) that the defendant is required to appear within the time limit indicated, failing which a judgment by default may be rendered against the defendant without further notice or extension;

(2) that if the defendant appears, the action or application will be presented before the court on the date indicated unless a written agreement is made by the parties before that date to determine a timetable for the orderly progress of the proceeding;

(3) that on the date indicated for presentation, the court may exercise such powers as are necessary to ensure the orderly progress of the proceeding;

(4) that the exhibits in support of the motion are available on request; and

(5) that the defendant may make a request to the clerk for the action to be disposed of pursuant to the rules of Book VIII if the defendant would be admissible as a plaintiff under that Book and the action would be admissible under that Book, and that if the defendant does not make such a request, the defendant could be liable for costs according to the rules applicable under the other Books of this Code.

The exhibits in support of the motion to institute proceedings must be disclosed in the notice to the defendant.

The notice must reproduce the text determined by the Minister of Justice.

1965 (1st sess.), c. 80, a. 119; 1996, c. 5, s. 9; 1999, c. 46, s. 2; 2002, c. 7, s. 16.

119.1. (Replaced).

1975, c. 83, s. 11; 1996, c. 5, s. 9.

SECTION II

SERVICE

119.2. Unless otherwise prescribed, acts, documents or notices the service of which is prescribed by law are served in accordance with the rules prescribed in this section.

1992, c. 57, s. 217.

§ 1. — How service is made

120. Unless specifically otherwise provided, any sheriff or bailiff may make a service anywhere in Quebec.

The taxable costs of service are the costs chargeable by a bailiff pursuant to the regulation made under section 13 of the Court Bailiffs Act (chapter H-4.1).

1965 (1st sess.), c. 80, a. 120; 1979, c. 37, s. 12; 1982, c. 32, s. 33; 1989, c. 6, s. 1; 1989, c. 57, s. 36; 1995, c. 41, s. 18.

121. A sheriff or bailiff cannot make service in matters in which he or she is interested, or in matters which concern his or her spouse or a relative by blood or by alliance, to the degree of cousin-german inclusively, under pain of suspension.

1965 (1st sess.), c. 80, a. 121; 2002, c. 6, s. 92.

122. In any place where, within a radius of 50 kilometres, there is neither sheriff nor bailiff able to act, service may be made by any person of legal age residing within that radius or by registered or certified mail; service made otherwise without sufficient reason gives no right to higher costs.

1965 (1st sess.), c. 80, a. 122; 1975, c. 83, s. 12; 1979, c. 37, s. 13.

123. Service of a motion to institute proceedings or of any other written proceeding is made by leaving a copy of the proceeding for the person for whom it is intended.

Personal service may be made by handing a copy of the proceeding to him in person, wherever he may be; domiciliary service may be made by leaving the copy at his domicile or residence, with a reasonable person residing therein.

Service may also be made at the domicile elected by the person for whom it is intended, or upon the person indicated by him.

If he has no known domicile or ordinary residence within Quebec, service may be made by leaving a copy of the proceeding in a sealed envelope addressed to the person for whom it is intended at the person\'s business establishment or place of work, speaking to a reasonable person in charge thereof.

If he is not represented by attorney, service of any written proceeding other than a proceeding to institute a suit may be made in accordance with article 140. If that person has no known domicile or ordinary residence within Quebec, service may be made at the office of the court.

1965 (1st sess.), c. 80, a. 123; 1972, c. 70, s. 5; 1992, c. 57, s. 218; 1996, c. 5, s. 10; 1999, c. 40, s. 56; 1999, c. 46, s. 3; 2002, c. 7, s. 160.

124. The copy served must be certified by the party himself or his attorney or, where applicable, by one of the persons referred to in article 82.1, and the person making service must endorse thereon, over his signature, the date and hour of service.

1965 (1st sess.), c. 80, a. 124; 1993, c. 72, s. 4.

125. If the person concerned refuses to accept the copy of a proceeding, the person making service records the refusal on the original and personal service is deemed to have been made at the time of refusal.

The person making service must then leave the copy of the proceeding by any appropriate means.

1965 (1st sess.), c. 80, a. 125; 1975, c. 83, s. 13.

126. Service shall not be made in a place of public worship, or in court, or upon a member of the National Assembly upon the floor of the House.

1965 (1st sess.), c. 80, a. 126.

127. In all cases in which the parties reside together, any service for one upon the other must be personal, unless another mode of service is authorized under article 138.

1965 (1st sess.), c. 80, a. 127.

128. A proceeding addressed to several parties must be served upon each of them separately.

1965 (1st sess.), c. 80, a. 128.

129. Service upon a general or limited partnership may be made at its business establishment or, if it has none, upon one of the partners. Similarly, service upon an association within the meaning of the Civil Code may be made at its office or, if it has none, upon one of its directors.

1965 (1st sess.), c. 80, a. 129; 1992, c. 57, s. 219; 1999, c. 40, s. 56.

130. Service upon a legal person is made at its head office, at one of its establishments in Quebec or at the establishment of its agent in the district where the cause of action has arisen, speaking to one of its senior officers or to a person in charge of the said establishment.

Failing such head office or establishment, service may be made upon one of its senior officers or upon any person mentioned as such in the register instituted under the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P-45), or upon the attorney designated under section 4 of that Act.

Service upon persons acting illegally as a legal person is made upon one of them, or at their principal business establishment.

1965 (1st sess.), c. 80, a. 130; 1975, c. 83, s. 14; 1981, c. 9, s. 24; 1982, c. 52, s. 114; 1992, c. 57, s. 220; 1993, c. 48, s. 216; 1999, c. 40, s. 56.

131. (Repealed).

1965 (1st sess.), c. 80, a. 131; 1966, c. 21, s. 7.

132. Service upon a joint stock company, upon a legal person constituted otherwise than under the laws of Quebec or of Canada, or upon the liquidator of the succession of a person who had property in Quebec but was not domiciled therein, may be made at its or his office, speaking to a person employed therein, or anywhere upon its president or secretary or upon its or his agent.

1965 (1st sess.), c. 80, a. 132; 1992, c. 57, s. 221; 1999, c. 40, s. 56.

132.1. Service upon a trustee may be made at his domicile or residence, or at his business establishment by speaking to a person in charge.

1992, c. 57, s. 222; 1999, c. 40, s. 56.

133. Service upon the heirs and legatees by particular title summoned collectively in accordance with the first paragraph of article 116 is made at the last domicile of the deceased; if such domicile is not in Quebec, or is closed or if no member of the deceased\'s family is there, the service is made upon one of the heirs or legatees by particular title.

Service upon the heirs and legatees by particular title summoned collectively in accordance with the third paragraph of article 116 may, with the authorization of the judge or clerk, be made by public notice in the district in which the immovable in dispute is situated.

Service upon the liquidator of a succession is made at his domicile or residence, or at his business establishment, speaking to a person in charge of the office; if his domicile, residence and business establishment are unknown or located outside Quebec, service is made upon one of the heirs.

1965 (1st sess.), c. 80, a. 133; 1992, c. 57, s. 223, s. 420; 1999, c. 40, s. 56.

134. Service upon a navigator or mariner, who has no known domicile or residence in Quebec, may be made on board his ship, speaking to a member of the ship\'s company.

1965 (1st sess.), c. 80, a. 134.

135. Persons imprisoned must be served personally.

1965 (1st sess.), c. 80, a. 135.

135.1. Any application relating to the integrity, status or capacity of a person 14 years of age or over must be served personally.

Where there is a risk that personal service may worsen the physical or psychological condition of the person concerned by the application, the judge may, on a motion and insofar as the initial application was served personally, authorize that service be effected by means of a sealed envelope, speaking to a reasonable person having custody of the person.

1992, c. 57, s. 224; 1998, c. 51, s. 1.

136. The Attorney General may, on request made to the Government through diplomatic channels, direct a bailiff to serve upon a person in Quebec any proceeding issued by a tribunal foreign to Canada.

Such service is made by leaving for the party in the ordinary way a true copy of such proceeding, certified by an officer of the court by which such proceeding was issued. If such copy is not drawn in the French or English language, a certified translation thereof must be annexed thereto.

The return of service also is made in the ordinary way, but with mention where necessary of the fact that a translation was annexed to the copy served.

The capacity and signature of the serving officer must be attested by the clerk of the Superior Court of the district where he resides.

The Lieutenant-Governor may attest the signature of and the declaration by the clerk, and have the original proceeding with the return of service and the taxed bill of costs transmitted to the Secretary of State of Canada.

1965 (1st sess.), c. 80, a. 136; 1977, c. 5, s. 14; 1992, c. 57, s. 420.

137. Service upon a party domiciled or resident in another province of Canada may be made by any person of the age of majority, who must make a certificate of service.

1965 (1st sess.), c. 80, a. 137; 1983, c. 28, s. 1; 1992, c. 57, s. 225.

138. The judge or clerk may, on motion, if the circumstances so require, authorize a mode of service other than those provided by articles 120, 122, 123 and 130, particularly by public notice or by mail, unless such last mode is already authorized by the said articles.

The judge or clerk may also, upon inspecting the certificate of the person who has attempted to make the service, authorize him to serve the proceeding otherwise than in the manner provided in articles 123 and 130. The authorization must appear on the original of the certificate, which must then be filed in the office of the court. An entry of the authorization must be made on the copies of the written proceeding to be served. However, where the attempt to effect service was made by a bailiff or a sheriff and was recorded in his certificate, the bailiff or sheriff may, without authorization, serve the proceeding by leaving on the premises a copy of the written proceeding intended for the addressee.

Any authorization under this article may be obtained in the district of the place in which the written proceeding is served, if such district is not that in which the proceeding was issued.

1965 (1st sess.), c. 80, a. 138; 1966, c. 21, s. 8; 1975, c. 83, s. 15; 1983, c. 28, s. 2; 1992, c. 57, s. 420; 1997, c. 42, s. 4.

139. Service by public notice is made by publication of an order of the judge or clerk, calling upon the defendant to appear within 30 days or such other time as may be fixed, and informing him that a copy of the motion to institute proceedings has been left for him at the office of the court.

Unless the judge or the clerk decides otherwise, the order is published only once; the publication is made in a newspaper, designated by the judge or clerk, distributed in the locality of the last known address of the defendant or, if no newspaper is distributed in that locality, in the locality where he is required to appear.

If the circumstances so require, the judge may order the publication by any other appropriate means, in particular by letter, or by an advertisement on the radio or television; he shall then determine the mode of proof of publication.

The order is published in French but if the circumstances so require, the judge may order it published in English as well.

The same rules are followed, with any necessary modifications, for the service by public notice, when it is required, of any proceeding other than a motion to institute proceedings, and for the publication of the public notices of sale provided for in articles 594 and 670.

Service by one publication is complete and is deemed to have taken place on the date of such publication; in the other cases, service is complete only when all the prescribed publications have been made, but it is deemed to have been made on the date of the first publication.

1965 (1st sess.), c. 80, a. 139; 1977, c. 73, s. 5; 1992, c. 57, s. 226, s. 420; 1996, c. 5, s. 11; 1999, c. 40, s. 56; 2002, c. 7, s. 17.

140. Service by mail is made by mailing a copy of the proceeding by registered or certified mail to the party at the last known address of his residence or place of work.

Such service is deemed to have been made on the date when the acknowledgment of receipt presented by the postman at the time of delivery was signed by the party himself or by one of the persons mentioned in article 123.

1965 (1st sess.), c. 80, a. 140; 1975, c. 83, s. 16; 1999, c. 40, s. 56.

140.1. Service of a written proceeding, an exhibit or any other document on the attorney of a party may, without the authorization of the judge or clerk, be effected by transmitting to him a facsimile of the proceeding, exhibit or other document by fax machine.

1993, c. 72, s. 5.

§ 2. — When Service may be made

141. No service may be made, under pain of penalty against the serving officer, before 7:00 a.m. or after 10:00 p.m., or on a non-juridical day, without the written authorization of the clerk obtained without formality and entered on the original and copies of the proceeding to be served.

Such authorization may be obtained in accordance with the third paragraph of article 138.

1965 (1st sess.), c. 80, a. 141; 1972, c. 70, s. 6; 1975, c. 83, s. 17; 1983, c. 28, s. 3; 1992, c. 57, s. 420.

142. Service upon the attorney of a party cannot be made on Saturday.

Service by fax machine upon the attorney of a party after 4:30 p.m. or on a Saturday is deemed to have been made on the following juridical day.

1965 (1st sess.), c. 80, a. 142; 1993, c. 72, s. 6.

143. The judge or clerk may order the plaintiff who delays having a motion to institute proceedings served to do so within the time fixed under pain of annulment of the motion to institute proceedings.

1965 (1st sess.), c. 80, a. 143; 1992, c. 57, s. 420; 1996, c. 5, s. 12; 2002, c. 7, s. 160.

§ 3. — Proof of Service

144. The person who makes the service must draw up a certificate of service on the back of the original of the document served or on a separate paper attached thereto; in the latter case he must also write the number of the record and the names of the parties.

If he is not a sheriff or bailiff, his certificate must be sworn to.

1965 (1st sess.), c. 80, a. 144; 1983, c. 28, s. 4.

145. The certificate of a service made by a bailiff, sheriff, or other person authorized under article 122, must state:

(a) His names, occupation and residence;

(b) The place, day and hour of the service;

(c) The person with whom a copy of the proceeding was left;

(d) The distance from his residence to the place of service;

(e) The amount of the costs of service.

1965 (1st sess.), c. 80, a. 145.

146. Service by public notice is proved by filing in the office of the court a copy of the page of the newspaper in which the notice has been published.

The return of service by mail is made by means of a sworn statement of the sender, attesting that he has fulfilled the formalities prescribed in article 140, to which is attached, for registered mail, the acknowledgment of receipt or, for certified mail, the notice of delivery.

1965 (1st sess.), c. 80, a. 146; 1975, c. 83, s. 18; 1977, c. 73, s. 6; 1983, c. 28, s. 5; 1992, c. 57, s. 227.

146.0.1. Service by fax machine may be proved by means of a transmission slip or, failing that, by means of an affidavit from the person who effected the service.

1993, c. 72, s. 7.

146.0.2. A written proceeding, exhibit or other document that is served by fax machine must be accompanied with a transmission slip setting out

(a) the name, address and telephone number of the sender;

(b) the name of the attorney to be served and the fax number of the receiving fax machine;

(c) the date and time of transmission;

(d) the total number of pages transmitted, including the transmission slip;

(e) the fax number of the transmitting fax machine; and

(f) the nature of the document.

1993, c. 72, s. 7.

SECTION III

NOTIFICATION

146.1. Notification may be made by delivering the original or a certified copy or abstract of the act, document or notice to the person to be notified and obtaining a receipt therefor.

1992, c. 57, s. 228.

146.2. Notification may also be made by sending the original, a certified copy or an abstract of the act, document or notice by registered or certified mail to the last known address of the residence or place of work of the person to be notified.

Notification is deemed to have been made on the date on which the acknowledgement of receipt presented by the postal employee at the time of delivery or, in the case of certified mail, the acknowledgement of delivery, is signed by the person to be notified or by one of the persons referred to in article 123.

1992, c. 57, s. 228; 1999, c. 40, s. 56.

146.3. Unless prescribed otherwise, notification of the original or of a copy or abstract of the act, document or notice may be made by regular mail or by any other means of communication where the context does not require the sender to obtain proof of sending.

1992, c. 57, s. 228.

CHAPTER II

FILING OF MOTION TO INSTITUTE PROCEEDINGS

147. (Repealed).

1965 (1st sess.), c. 80, a. 147; 1994, c. 28, s. 6.

148. The original of the motion to institute proceedings and of the notice to the defendant and the return of service must be filed by the plaintiff at the office of the court at least 48 hours before the date fixed for presentation of the action or application or within the time limit prescribed by the rules of practice

Judgment cannot be rendered against a defendant who has not appeared or has not pleaded if the plaintiff has not filed in the office of the court the original of the motion to institute proceedings with proof of service.

1965 (1st sess.), c. 80, a. 148; 1992, c. 57, s. 229; 1996, c. 5, s. 14; 2002, c. 7, s. 18.

CHAPTER III

APPEARANCE

149. The defendant must appear before the expiry of the time fixed, by filing in the office of the court a written appearance signed by him or his attorney.

1965 (1st sess.), c. 80, a. 149; 1983, c. 28, s. 6; 1985, c. 29, s. 7; 1992, c. 57, s. 230; 1999, c. 40, s. 56.

150. The defendant may appear even after expiry of the time fixed to appear if the inscription for judgment by the clerk or for proof and hearing before the court has not been filed in the record.

An inscription made prematurely or irregularly does not prevent the defendant from appearing and he is not required to apply for relief of his default.

1965 (1st sess.), c. 80, a. 150; 1992, c. 57, s. 231.

151. Notwithstanding the inscription, and failing the consent of the opposite party, the judge or the clerk may, at any time before judgment and on such conditions as he determines, give the defendant leave to appear.

1965 (1st sess.), c. 80, a. 151; 1992, c. 57, s. 232.

CHAPTER IV

CASE MANAGEMENT

SECTION I

AGREEMENT BETWEEN PARTIES AS TO CONDUCT OF PROCEEDING

151.1. Before the date indicated in the notice to the defendant for presentation of the action or application, the parties, except impleaded parties, must negotiate an agreement as to the conduct of the proceeding, specifying the arrangements between them and the timetable with which they are to comply within the 180-day or, in family matters, the one-year peremptory time limit.

Any person impleaded in the motion to institute proceedings who wishes to take part in the negotiation of the agreement determining the proceeding timetable must notify the parties within five days of service of the motion. Otherwise, the person is presumed not to wish to do so.

The agreement must cover, among other things, the preliminary exceptions and safeguard measures, the procedure and time limit for the communication of exhibits, written statements in lieu of testimony and detailed affidavits, the number and length of and other conditions relating to examinations on discovery before the filing of the defence, expert appraisals, any planned or foreseeable incidental proceedings, the oral or written form of the defence and, in the case of a written defence, the time limit for its filing as well as the time limit for filing an answer, if one is to be filed. The agreement must be filed without delay at the office of the court, no later than the date fixed for presentation of the action or application.

2002, c. 7, s. 19; 2004, c. 14, s. 2.

151.2. The agreement is binding on the parties as to the conduct of the proceeding. The parties may modify the agreement, insofar as the modification does not contravene the 180-day or, in family matters, the one-year peremptory time limit. If there is a disagreement between the parties, the court may, on request, authorize any modification it considers appropriate.

2002, c. 7, s. 19; 2004, c. 14, s. 3.

151.3. The parties must comply with the timetable they have set under pain of the penalty prescribed by this Code or, in the absence thereof, of dismissal of the action or application, striking of the allegations involved or foreclosure, as appropriate. However, the judge may, on request, relieve a defaulting party from default if required in the interest of justice; the costs resulting from the default are borne by the party concerned, unless the judge decides otherwise.

2002, c. 7, s. 19.

SECTION II

PRESENTATION OF ACTION OR APPLICATION

151.4. The action or application is presented before the court on the date indicated in the notice to the defendant, unless an agreement was made by the parties before that date as to the conduct of the proceeding.

The date of presentation may not be less than 30 days from the date of service, except where mutually agreed by the parties or where otherwise prescribed by law or decided by the court in an urgent situation.

If the action or application is to be presented jointly, the date of presentation is set in agreement with the clerk.

2002, c. 7, s. 19.

151.5. Subject to article 159 and any agreement between the parties, all preliminary exceptions must be raised orally at the time of presentation of the action or application. The exceptions may only be contested orally, although the court may allow the parties to present the necessary evidence.

Moreover, the defendant must present an oral summary of the grounds of the defence.

2002, c. 7, s. 19.

151.6. At the time of presentation of the action or application, the court may, after examining the questions of law or fact at issue,

(1) if the defence is to be oral and the parties are ready to proceed, hear the merits of the case, or otherwise determine the date of the hearing or order that the case be placed on the roll;

(2) hear the contested preliminary exceptions, or defer the hearing of exceptions to a date determined by the court;

(3) determine the number and length of and other conditions relating to examinations on discovery before the filing of the defence;

(4) in the absence of an agreement filed by the parties at the office of the court, determine a timetable that will ensure the orderly progress of the proceeding;

(5) determine how the conduct of the proceeding may be simplified or accelerated and the hearing shortened, by ruling among other things on the advisability of splitting the proceeding, better defining the questions at issue, amending the pleadings or admitting any fact or document, or invite the parties to a settlement conference or to recommend mediation;

(6) authorize or order that the defence be made orally or in writing on the conditions determined by the court, where not permitted as of right;

(7) dispose of specific requests made by the parties;

(8) order service of the motion to institute proceedings on any person, identified by the court, whose rights may be affected by the judgment; and

(9) authorize or order provisional measures.

2002, c. 7, s. 19.

151.7. The decisions made by the court are recorded in the minutes of the hearing and govern the parties as to the conduct of the proceeding and, where applicable, the hearing, unless the judge decides otherwise.

The parties must comply with the timetable determined by the court under pain of the penalty prescribed by this Code or, in the absence thereof, of dismissal of the action or application, striking of the allegations involved or foreclosure, as appropriate. However, the judge may, on request, relieve a defaulting party from default if required in the interest of justice; the costs resulting from the default are borne by the party concerned, unless the judge decides otherwise.

2002, c. 7, s. 19.

151.8. If the defendant does not attend the presentation of the action or application, the court records the default and hears the plaintiff, if the latter is ready to proceed; if not, the court fixes a new hearing date or orders that the case be placed on the roll and issues such orders as are necessary.

2002, c. 7, s. 19.

151.9. If the hearing is held on the same day, the parties prove their cases either by means of detailed affidavits, or by means of oral or documentary evidence, unless otherwise specified by law.

2002, c. 7, s. 19.

151.10. If, during the course of a proceeding, a transaction, a discontinuance of the action or a total acquiescence in the demand occurs, the parties must notify the clerk without delay.

2002, c. 7, s. 19.

SECTION III

SPECIAL CASE MANAGEMENT

151.11. Where required by the nature or complexity of the proceeding or in cases where the 180-day or, in family matters, the one-year peremptory time limit is extended, the chief judge or chief justice may, at any stage of the proceeding, on his or her own initiative or on request, order special case management. In that case, the chief judge or chief justice designates a judge to see to the orderly conduct of the proceeding.

2002, c. 7, s. 19; 2004, c. 14, s. 4.

151.12. The judge so designated convenes the parties and their attorneys to a case management conference so that they may negotiate an agreement as to the conduct of the proceeding, specifying the arrangements between them and determining the timetable with which they are to comply. If the parties fail to agree, the judge shall determine a timetable for the proceeding.

2002, c. 7, s. 19.

151.13. The judge disposes of all incidental proceedings and other applications during the course of the proceeding. The judge holds a pre-trial conference, where applicable, and issues any appropriate orders. The judge presides the hearing and renders judgment on the merits.

2002, c. 7, s. 19.

SECTION IV

SETTLEMENT CONFERENCE

151.14. A judge may preside a settlement conference. A judge enjoys judicial immunity while presiding such a conference.

2002, c. 7, s. 19.

151.15. At any stage of the proceeding, the chief justice or chief judge may, at the request of the parties, designate a judge to preside a settlement conference. In their request, the parties must present a summary of the questions at issue.

The chief justice or chief judge may, on his or her own initiative, recommend the holding of such a conference. If the parties consent, the chief justice or chief judge designates a judge to preside the conference.

2002, c. 7, s. 19.

151.16. The purpose of a settlement conference is to facilitate dialogue between the parties and help them to identify their interests, assess their positions, negotiate and explore mutually satisfactory solutions.

A settlement conference is held in private, at no cost to the parties and without formality.

2002, c. 7, s. 19.

151.17. A settlement conference is held in the presence of the parties, and, if the parties so wish, in the presence of their attorneys. With the consent of the parties, the presiding judge may meet with the parties separately. Other persons may also take part in the conference if the judge and the parties consider that their presence would be helpful in resolving the dispute.

2002, c. 7, s. 19.

151.18. In agreement with the parties, the judge defines the rules of the settlement conference and any measure to facilitate its conduct, and determines the schedule of meetings.

2002, c. 7, s. 19.

151.19. The settlement conference does not suspend the proceeding, but the judge presiding the conference may, if necessary, modify the timetable.

2002, c. 7, s. 19.

151.20. The parties must ensure that the persons who have authority to conclude an agreement are present at the settlement conference, or that they may be reached at all times to give their consent.

2002, c. 7, s. 19.

151.21. Anything said or written during a settlement conference is confidential.

2002, c. 7, s. 19.

151.22. If a settlement is reached, the judge homologates the transaction on request.

2002, c. 7, s. 19.

151.23. If no settlement is reached, the judge may not preside any subsequent hearing relating to the dispute.

With the consent of the parties, the judge may convert the settlement conference into a pre-trial conference.

2002, c. 7, s. 19.