CHAPTER IISpecific Rules for Each Matter (continued)
DIVISION ICriminal and Penal Matters (continued)
§1. Motions and applications (continued)
35 Written motion or application. All written motions and applications shall set out the facts and grounds supporting them; they shall be accompanied by an affidavit and notice.
36 Period of service. Unless the judge decides otherwise, a written motion or application shall be served on the opposing party or that party’s attorney with notice of at least three (3) clear juridical days.
37 Service on an attorney. Service on an attorney shall be effected, in the case of the prosecution, at the office of the attorney of the municipality concerned, and in the case of the defendant’s attorney, at the attorney’s elected domicile.
§2. Conduct of the proceedings
38 Representation before the court. The attorney of record may be represented by an associate or another attorney mandated for that purpose.
39 Absence at the calling of the roll. An attorney who knows that his or her client will not be present in the courtroom when the client’s name is called must nonetheless be present before the court.
40 Withdrawal after appearance. An attorney who has appeared for a defendant may not withdraw from the record except with leave of the judge on presentation of a motion to withdraw served on the defendant and the opposing party, unless the attorney is exempted from such service by the judge seized of the motion.
41 Content of the notice of hearing. The notice of hearing given to the defendant in penal matters shall contain the provisions of articles 62 and 63 of the Code of Penal Procedure.
42 Place of the defendant. The defendant shall remain in the assigned place or beside his or her attorney throughout the trial, except with leave of the judge. The defendant shall rise and remain standing during the reading of the information laid and the pronouncement of the judgment or the sentence, except with leave of the judge.
DIVISION IICivil Matters
§1. Written proceedings and exhibits
43 Written proceedings. All written proceedings shall be legibly written on one side of a good quality sheet of paper measuring 21.5 x 35.5 cm; the nature and object of the proceeding, the amount in dispute, the record number, the names of the parties and the name, address, postal code, telephone number, fax number and computer code of the attorney of the party filing the proceeding shall be indicated on the backing.
If a party is not represented by an attorney, the attorney’s computer code and fax number are not required.
44 Signing of proceedings. A proceeding filed by a party shall be signed by the party’s attorney. If the party is not represented by an attorney, the proceeding shall be signed by the party.
45 List of exhibits. Where a list of exhibits is submitted, the list shall enumerate and identify the exhibits to which it refers.
46 Numbering by the clerk. The clerk shall number a proceeding or exhibit on receiving it.
47 Numbering of exhibits. Each exhibit shall bear a number preceded by an identifying letter attributed to each party and which shall be used until the end of the proof. There shall be only one series of numbers per party.
48 Designation of the parties. The parties shall, in all proceedings, retain the same order and designation as in the proceeding introductive of suit.
49 Medical record and expert’s report. A medical record or an expert’s report prepared by a physician, a psychologist or a social worker that is filed in the record shall be kept in a sealed envelope and no person, except the parties or their attorneys, shall have access without authorization from a judge who shall fix the conditions. Access to such documents entitles the parties or attorneys to make copies, at their own expense.
50 Service by fax. Proof of service by fax shall be stapled to the back of the original of the document served.
51 Motion for particulars. Each paragraph of a motion for particulars shall bear the same number as the paragraph of the proceeding to which it refers.
52 Amendments. Should a proceeding be amended, the additions or replacements shall be underlined or indicated in the margin by a vertical line and deletions shall be indicated by means of a dotted line in parentheses.
53 Particulars. Where particulars to a proceeding have been ordered, a new proceeding incorporating the particulars as provided in the preceding section shall be filed in the record within the allotted time.
54 Sending of the record for advisement. Before sending the record to the judge for advisement, the clerk shall ensure that it is complete. If the record is incomplete, the clerk shall so notify the attorneys so that they may take the necessary steps to complete it.
55 Taking of a case under advisement. No case shall be taken under advisement until the record has been completed, unless the judge decides otherwise.
56 Coming into force. These Rules come into force on the fifteenth day following the date of their publication in the Gazette officielle du Québec.
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