CHAPTER IIIProvisions Applicable to the Civil Division (continued)
DIVISION IIProvisions Applicable to Cases Appealed to the Court of Québec and Heard by the Administrative and Appeal Division (continued)
72 Copies and notification. Seven paper versions of each brief must be produced at the court office, along with an electronic copy, if available.
The parties are notified (article 373, Code of Civil Procedure (chapter C-25.01)) by the delivery to them of two copies. The proof of notification within the time limit must be produced at the court office within two working days.
73 Non-compliance. If a brief does not comply with the foregoing requirements, the clerk, following the instructions of the judge, advises its author of the elements requiring correction and sets a time limit for filing a corrected brief; the clerk advises the other parties accordingly.
If the corrections are not made, the production of the brief is refused.
74 Time limit for incidental appeal. If the principal appeal ends prematurely, the incidental appellant has three months to produce a brief.
75 Content of memorandum. The argument consists of 10 pages. Its author must attach all documents necessary for the adjudication of the appeal, such as the decision or judgment appealed from, the pleadings, the exhibits and the excerpts from depositions.
76 Number of copies of the memorandum. Five copies of the memorandum must be filed (articles 370 and 374 of the Code of Civil Procedure (chapter C-25.01)).
77 Format. The memorandum must include a title page and a table of contents and be paginated consecutively.
The provisions relating to briefs, including the final requirements, apply to memoranda, adapted as required.
78 Authorities. The book of authorities must be notified to all the other parties and be filed at the court office of the Court of Québec, in duplicate, at least 30 days before the date set for hearing the appeal or, in case of an application, at least one working day before the hearing.
79 Hearing transcript. When a transcript of the hearing in first instance is not provided by the administrative organization whose decision is appealed, the parties are responsible for providing excerpts from the stenographic notes that are relevant to the dispute.
80 Respondent. Except if a statute grants specific standing to the administrative body whose decision is appealed, it is designated in the pleadings as the respondent.
81 Copy for administrative body or administrative tribunal. When leave to appeal is granted or a final judgment is rendered, the court clerk sends a copy, without delay, to the respondent administrative body or administrative tribunal and to the parties and their lawyers.
82 Access to the record. The records of cases appealed to and heard by the Administrative and Appeal Division that contain exhibits subject to a confidentiality order must be specifically labelled. The parties must notify the court office of the order made by the court of first instance whose decision is appealed to the Court of Québec.
83 Setting down for trial following leave to appeal. When a judgment granting leave to appeal also sets the appeal down for trial, the appellant must pay the applicable judicial fees to regularize the setting down for trial.
84 Placing on the roll. Under the authority of the coordinating judge or associate coordinating judge, the clerk places cases set down for trial on a special roll.
85 Provisions applicable. The provisions applicable to the Civil Division apply to this Division, adapted as required.
DIVISION IIIProvisions Applicable to Appeals from Decisions of the Régie du logement
86 Appeals from decisions of the Régie du logement. This Division applies to appeals under sections 91 to 107 of the Act respecting the Régie du logement (chapter R-8.1).
87 Service or notification. Applications for leave to appeal are served. All other pleadings relating to the appeal are notified in the manner provided for in articles 109 to 140 of the Code of Civil Procedure (chapter C-25.01).
88 Content of the application for leave to appeal. In accordance with section 92 of the Act respecting the Régie du logement (chapter R-8.1), the application for leave to appeal must set out the conclusions sought and a summary of the arguments the applicant intends to submit.
89 Judgment granting leave to appeal. The clerk must send to the Régie du logement and to the parties and their lawyers, without delay, a copy of the judgment granting leave to appeal. The Régie must, within 15 days of receiving the judgment, send to the court office a certified copy of the record in its possession.
90 Setting down for trial following leave to appeal. When a judgment granting leave to appeal also sets the appeal down for trial, the appellant must pay the applicable judicial fees to regularize the setting down for trial.
91 Placing on the roll. Under the authority of the coordinating judge or associate coordinating judge, the clerk places cases set down for trial on a special roll.
92 Appeal judgment. As soon as the judgment is filed at the court office, the clerk issues a copy to each party and to the Régie du logement.
93 Provisions applicable. The provisions applicable to the Civil Division apply to this Division, adapted as required.
CHAPTER IVProvisions Applicable to the Criminal and Penal Division
DIVISION ICriminal Proceedings
§ 1 — Rules of Practice
94 Matters subject to rules of practice. The chief judge may establish rules of practice on, among others, the following matters: judicial authorizations, sealed materials, appearances by videoconference, joint hearings, and motions under the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, c. 11.
§ 2 — Consultation and Removal of a File or Exhibit
95 Consultation of a file. A file or exhibit may be consulted only in the presence of the clerk or a person designated by the clerk.
96 Removal. A file may be removed from the court office only on the request or authorization of a judge.
§ 3 — Rolls and Hearings
97 Preparation of the roll. The preparation of the roll and the distribution of files based on their nature and number shall be governed by the rules of practice established by the chief judge.
98 Content of the roll in the courtroom. The roll states the name of the presiding judge; the file number; the number of times the file has appeared on the roll since the file was opened; the date of the last appearance on the roll; the number of charges; the names of the parties and their lawyers (and, where applicable, whether the accused is self-represented); whether the presence of the accused is required; whether the accused is in custody; whether there is a designation of a lawyer in the file; the nature of the hearing; the number of the statement of offence, if any; the date, duration and place of the hearing; and whether there are any victim impact statements to be presented.
99 Access to the roll. The clerk makes the official version of the roll for each courtroom accessible at the place provided for that purpose in each courthouse.
100 Availability of copies of the roll. On the day before a hearing the clerk makes copies of the roll available to the parties and gives a copy to the judge who will preside at the hearing.
101 Addition of a file to the roll. The clerk may not add a case to the roll for the same day without authorization from the coordinating judge, the associate coordinating judge or a judge.
102 Transfer of a file. At the hearing a party who requests the transfer of a file to another judge must demonstrate to the court that the other judge has agreed to be seized of it.
§ 4 — Motions
103 Motions. Every motion shall set out the facts on which it is based, accompanied by an affidavit from the applicant attesting to those facts, and by a notice of presentation.
The motion contains:
(1) a concise summary of its object;
(2) a summary of the arguments that will be pleaded;
(3) a detailed summary of its factual basis, specific to the case.
If the judge requests a transcript in order to rule on the motion, the applicant shall serve and file the transcript with the motion.
104 Service. A motion shall be served on the opposing party or the lawyer for that party when so required, and on the coordinating judge or associate coordinating judge, with a notice of presentation of at least ten days, unless otherwise decided by the judge.
Any motion under the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, c. 11 must be served within at least 30 days.
The motion must also be filed at the court office as soon as possible after service.
105 Time limit for filing a motion. A judge may refuse inscription on a roll of any motion that has not been filed with the court office one clear juridical day before the date scheduled for its presentation.
106 Service on lawyer. Service of a motion on a lawyer shall be made at the lawyer’s office.
§ 5 — Appearance and Withdrawal of a Lawyer
107 Representation of lawyer by a colleague. The lawyer of record may be represented by an associate or by another lawyer designated for that purpose.
108 Presence of lawyer. A lawyer whose client fails to appear in the courtroom when his or her name is called shall nonetheless appear before the court.
109 Removal of lawyer. A lawyer who has appeared for an accused may not withdraw from the record without permission from the judge upon presentation of a motion for that purpose; the motion must be served on the accused and on the opposing party unless the lawyer is excused from such service by the judge seized of the motion.
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