Iberville (Saint-Jean-sur-Richelieu)

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Notice Concerning Other Orders or Proceedings (section 16 of the Regulation of the Superior Court of Québec in family matters)

SUMMER VACATION

During July and August, the Superior Court will sit as follows:

Form: Joint Declaration to Fix a Hearing of More than Two Hours

* Always check the Superior Court roll to validate the date of a hearing.

SUMMER VACATION

During July and August, the Superior Court will sit as follows:

Form: Joint Declaration to Fix a Hearing of More than Two Hours

* Always check the Superior Court roll to validate the date of a hearing.

Every commercial case with a scheduled duration of more than one day must be referred to the coordinating judge, who establishes how it will be dealt with.

* Always check with the Superior Court  master of the rolls to validate hearing dates and ensure availability.

For the General Directives Governing the Commercial Division, see the Directives de la Cour supérieure pour le District de Montréal (English version coming soon) and the Commercial notice of November 2, 2020 - Notice concerning operations in courtrooms 16.10 and 16.04.

Appeal in statutory and criminal matters

The Criminal and Penal Practice Division sits on fixed dates, determined each year by the coordinating judge for the Criminal Division.

Once an appeal has been filed and found to be in conformity with the Rules of Practice of the Court in Criminal and Penal Matters, the clerk places the case on the roll of the practice chamber for the district. Once the file is complete (in other words, once the stenographic notes have been completed and a time has been set for submitting the notes and the list of case law and doctrine), the judge fixes a date for the hearing in the presence of the attorneys.

When filing a notice of appeal, you must take the necessary steps to have a transcript made of the evidence given in first instance. If, in exceptional circumstances, you wish to be exempted from filing a transcript, you must submit an application for that purpose to the judge.

As soon as the transcript has been filed, the attorneys must comply with sections 11 and 12 of the Rules of Practice of the Québec Superior Court in Penal Matters or section 34 of the Rules of Practice of the Superior Court of the Province of Québec. The appellant must, within 30 days, file a written submission setting out the arguments on which the appellant’s case will rely, together with any supporting case law or jurisprudence. The respondent party then has 30 days to do the same.

Once the time limits have expired, the case is placed on the roll for a hearing.

All urgent applications must be presented to the coordinating judge to be dealt with by preference.

EXTRAORDINARY REMEDY, REVIEW OF AN ORDER AND APPLICATION FOR EXTRADITION

Motions must be filed at the clerk’s office of the Superior Court, and a copy must be forwarded to the office of the coordinating judge so that a date can be fixed for a hearing.

For writs of certiorari, mandamus, prohibition and quo warranto, the applicant must take the necessary steps to have a transcript made of the evidence supporting the recourse sought.

For a writ of habeas corpus, the motion must be filed in the clerk’s office, and the coordinating judge must be informed of the proceeding. In all cases, a hearing date will be fixed without delay to hear the first stage.

Applications for the review, by a judge of the Superior Court, of an order of detention, order of release or application for release (s. 522 C.C.) must be submitted at the clerk’s office of the Superior Court, and must comply with the provisions of the Rules of Practice of the Superior Court (ss. 20 and 21 ).

When an application for extradition is contested, the coordinating judge must be informed and the parties must indicate the estimated duration of the proceedings so that a date can be set for the hearing.

As soon as an application for authorization to institute a class action has been filed at the clerk’s office, the  coordinating judge for class actions must be notified of the application.

For the general directives of the Class Actions Chamber, see Title IV (Directives propres aux affaires de la chambre des actions collectives) of the Directives de la Cour supérieure pour le District de Montréal (English version coming soon).

Register of class actions

1) Calling of the general roll

Once an Attestation that a File is Complete has been issued, cases in which the Joint Declaration that a File is Complete specifies a hearing of three days or less are placed on a general roll presided over by the special clerk.

2) Calling of the special roll

Once an Attestation that a File is Complete has been issued, cases in which the Joint Declaration that a File is Complete specifies a hearing of more than three days are referred to the coordinating judge for the district of Iberville for a pre-trial conference, case management and fixing of a date for trial.

1) Judge acting in chambers

A judge acting in chambers is available on every day on which the Superior Court sits.

To be heard, attorneys must enter their name in the register kept in courtroom 1.03, and include the information for the case, its nature and its estimated duration.

On days on which there is no practice chamber in the district of Iberville, attorneys can go to the Longueuil courthouse after contacting the coordinating judge for the district of Longueuil.

2) Duty judge

In urgent cases, a duty judge is available at all times outside normal court hours.

The duty judge can be reached by contacting the Montréal courthouse security service (514-393-2819) which will, in turn, contact the duty judge who will then communicate directly with the person making the request.

1) Application for postponement made on the day of the hearing

Applications must be presented to the judge responsible for calling the roll on the date of the trial.

2) Contested application for postponement made prior to the day of the hearing

Applications must be presented by way of a motion in the practice chamber of the Superior Court in the district of Iberville.

3) Non-contested application for postponement made prior to the day of the hearing

Applications must be submitted in writing to the coordinating judge for the district of Iberville, who will dispose of them appropriately in light of the circumstances.

Every Motion under article 48 C.C.P. is presented to the chief justice or the judge designated for that purpose by the chief justice. To present a Motion, the office of the chief justice  (tél. : 514 393-2144) must be contacted and, depending on the circumstances, a date will be determined along with the way in which the Motion will be presented and heard.

1) Special case management

Applications must be made by motion and presented in the practice chamber for adjudication by the judge responsible for the roll, and will be referred to the coordinating judge for the district of Iberville if the judge so decides.

2) Application for a hearing by preference

Applications for a hearing by preference must be presented in the practice chamber with notice to the coordinating judge for the district of Iberville.

Pre-trial conferences are presided by the coordinating judge for the district of Iberville or by a judge designated by the coordinating judge in accordance with the instructions given in the letters and notices sent to the attorneys responsible for the case. All applications must be sent to the coordinating judge for the district of Iberville.

The use of technological assistance during hearings at the Longueuil courthouse is possible in the following situations:

Telephone conference call

Telephone conference calls are scheduled with the prior agreement of the coordinating judge for the district of Iberville.

Videolink

To hear witnesses during an examination on the merits, a videolink may be used in accordance with the procedure agreed on with the coordinating judge for the district of Iberville.

Please note that unless a videolink is specifically required, the technology cannot be used if a telephone conference call would otherwise meet all the requirements of the hearing (for example: to hear a witness at a hearing presided at by a judge).