Joliette

Coordinator for the district of Joliette
Judge*:  Hon. Claude Auclair
Assistant:Christiane Avoine
Phone:  514-393-2225
Fax:  514-228-4572
E-mail :   christiane.avoine@judex.qc.ca

 

Master of the rolls, Superior Court
Phone :  450-753-4818
Fax :  450-752-1733
Day and frequency :    Thursdays *
Time :    9 a.m.
Courtroom :2.00

 

Case management
Day and frequency :    Thursdays *
Time :9 a.m.
Courtroom :2.00

 

 

SUMMER VACATION

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

Day and frequency :    Thursdays *
Time :9 a.m.
Courtroom:1

 

Case management
Day and frequency :Thursdays *
Time :9 a.m.
Courtroom :1

Motions of more than three hours are referred to the judge for the fixing of a date.

Motions of less than three hours are presented to the special clerk in courtroom 2.00.

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.

Day and frequency :    Thursdays *
Time :    9 a.m.
Courtroom :2.00

 

Case management
Day and frequency :    Thursdays *
Time :9 a.m.
Courtroom :2.00

 

 

SUMMER VACATION

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

Day and frequency :    Thursdays *
Time :9 a.m.
Courtroom:1

 

Case management
Day and frequency :Thursdays *
Time :9 a.m.
Courtroom :1

Motions of more than three hours are referred to the judge for the fixing of a date.

Motions of less than three hours are presented to the special clerk in courtroom 2.00.

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 case in a commercial matter must be referred to the coordinating judge, who establishes how it will be dealt with.

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.

The provisional roll is called on the first Thursday of each month in courtroom 2.08 at 2 p.m.

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.

 

PRO FORMA ROLL
Day and frequency :According to the dates provided by the clerk’s office
ROLL OF CONTESTED MATTERS
Day and frequency :According to the dates provided by the clerk’s office

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 certiorarimandamus, 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

 

Once an attestation that the file is complete has been issued:

  • For cases of more than three days, the case is placed on the provisional roll before the coordinating judge for the setting of a date or the holding of a pre-trial conference, as applicable.
  • For cases of less than three days, the master of the rolls forwards the dates by fax and the attorneys respond in a joint request for the fixing of a hearing date.
  • In cases of less than three days, if an agreement on a date cannot be reached, the master of the rolls places the case on the provisional roll.
  • If a case is problematic or incomplete, and has been placed on the roll of cases proceeding on their merits, it will be referred to the provisional roll.

1) Judge acting in chambers

Contact the master of the rolls to make an appointment if a judge is available. If no judge is available, attorneys are referred to Montréal.

2) Duty judge

Contact the master of the rolls to check if a judge is available. If no judge is available, the case is referred to Montréal, after a proceeding has been issued in Joliette.

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

Before the judge sitting in courtroom 2.08.

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

Application presented in courtroom 2.00, on Thursdays.

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

Application presented in courtroom 2.00, on Thursdays.

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 (phone: 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

Every application for special case management must be presented in courtroom 2.00 before being forwarded to the coordinating judge sitting in courtroom 2.08.

2) Application for a hearing by preference

Applications for a hearing by preference under section 27 of the Rules of Practice in Civil Matters of the Superior Court must be presented in the practice chamber or on a determined date, after notice has been given to the coordinating judge.

Every application for a pre-trial conference for a case that is ready to be heard must be made at the calling of the provisional roll.

 

The use of technological assistance during hearings at the Joliette courthouse is possible. 

Regarding the telephone conference call and videolink, please refer yourselves to the Directives de la Cour supérieure of September 1st, 2020 (French only).