The instructions direct the bailiff to seize the debtor’s property, including the debtor’s income, and to dispose of it so as to satisfy the claim; they may also direct the bailiff to place the seizing creditor in possession of an item of property or to evict the person against whom the judgment has been rendered. A class member who wishes to opt out of the class or a subclass is required to so inform the court clerk before the time limit for doing so has expired. As soon as an application for authorization to institute a class action is filed, the chief justice, unless the chief justice decides otherwise, assigns a judge as special case management judge to manage the proceeding and hear all procedural matters relating to the class action. (Articles 653 à 664-1), Section II : La notification des actes en la forme ordinaire. It is also notified to at least two other persons from the mandator’s family or who show a special interest in the mandator. When granting the annulment of a marriage or a civil union, separation from bed and board, a divorce or the dissolution of a civil union, the court rules on ancillary applications, such as applications relating to the custody, maintenance or education of the children or to child or spousal support. (Articles 719 à 721), Chapitre V : Les contestations relatives à la rémunération des techniciens. If a meeting of relatives, persons connected by marriage or civil union, or friends or a conference is held, the notary informs the applicant, the person concerned and the interested persons present of the process undertaken and hears any representations they wish to make to enlighten the notary in determining conclusions. (Articles 1405 à 1424), Section II : L'injonction de payer européenne. If expedient, the chief justice or chief judge of the court, after consulting the judges concerned, may issue directives for one or more districts, as needed. Execution of the judgment is not stayed unless the court so orders. In such circumstances, the court may either convene the parties to establish the case protocol or establish the case protocol, even on its own initiative. If there are conditional claims, the creditors concerned are collocated according to their rank, but the amount of their claims is paid to subsequent creditors whose claims are payable, provided they give security, within the month following notification of the bailiff’s report, for the return of the money when the condition is fulfilled. This is an Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature. It may also consist in a use of procedure that is excessive or unreasonable or that causes prejudice to another person, or attempts to defeat the ends of justice, particularly if it operates to restrict another person’s freedom of expression in public debate. Under the Commonwealth Documents Law the text of documents published in this title acquires no special status by reason of such publication. If parties joined as plaintiffs in an application are represented by the same lawyer, the court, to avoid genuine problems and to ensure that justice is done, may adjourn the trial until each of the parties has appointed a new lawyer or filed a notice of intention to self-represent. All other expenses incurred by a party are borne by that party. The Minister may, by regulation, establish standards concerning the presentation, form and content of notices, the storage medium for and the manner of keeping the sales register, consultation procedures, the storage medium and schedule for preserving the notices, as well as any other rules needed to set up and run the register, including the applicable tariffs. The Code of Civil Procedure, as it existed prior to the reform, was enacted in 1965 and partially amended over time. On removing the defendant from office, the court, on an application, may confer the office on another person if facts proving that person’s right to the office are set out in the application for judicial review. As soon as a judgment awarding support or varying a judgment awarding support is rendered, the court clerk enters the relevant information from the judgment and statements in the register of support payments and sends the statements to the Minister of Revenue with the judgment. The grounds are deemed valid if, within 10 days after notification, the party required to account has not filed its grounds and their justification. The Psychosocial Assessment Service takes the necessary measures to ensure that the appointed expert complies with the time limit for submitting the expert report. The notary also notifies the minutes to the tutor or curator, the mandatary, the applicant, the spouse of the person concerned, the Public Curator and the other persons to whom the application was notified. If the deposition cannot be completed on the first day of attendance at court, the witness is required to re-attend on the next working day or at any other time specified by the court. When the purpose of the forced intervention is to call a third person in warranty, the warranty is termed simple if the plaintiff in warranty is being sued as personally liable. If the court revises the authorization judgment, it may allow the representative plaintiff to amend the conclusions sought. It may however be admitted outside such time frames with leave of the court. The parties may, at any time before a decision is rendered, give the court officer their consent to a correction. If the authorization of the court is necessary, it must appear on the seizor’s affidavit. The bailiff may also, within 10 days after becoming aware of the decision, ask for its review as regards the bailiff costs. (Articles 604 à 639-4), Section I : L'ouverture du pourvoi en cassation. On or before the expiry of that time, if mediation has not begun or if it has been ended, the proceeding is continued unless the court extends the stay or adjournment, with the parties’ consent, for the time it specifies. If the parties do not enter into mediation within the allotted time or if they put an end to mediation before the dispute is resolved, the mediator files a report to that effect with the court office. (Articles 1342 à 1354), Sous-section I : Les successions vacantes. (Articles 60 à 61), Section III : Dispositions relatives à la contribution pour l'aide juridique, Chapitre II : Les demandes incidentes. If the document has not been served, the certificate shall set out the reasons which have prevented service. If required by the foreign State, the decision is accompanied by a translation, the cost of which is borne by the party that wishes to conduct the examination. A party against which a default judgment has been rendered following failure to answer the summons, attend the case management conference or defend on the merits but that was prevented from doing so owing to fraud, surprise or any other cause considered sufficient may apply to the court that rendered the judgment for the revocation of the judgment and the dismissal of the original application. (Articles 964-2 à 965), Chapitre III : Le greffe. If, as a result, a new defendant is brought into the proceeding, the judicial application must be notified to that party without delay. Before making such a decision, the court considers such factors as whether the parties have already met with a certified mediator, whether there is an equal balance of power between the parties, whether there have been incidents of family or spousal violence and whether mediation is in the interests of the parties and their children. The court may relieve the plaintiff from this sanction if it is satisfied that it was impossible in fact for the latter to act within the time limit. The notice may be amended, to complete execution, if the creditor gives new instructions or if another creditor commences execution of another judgment against the same debtor. It may be limited to certain of the territories to which the Convention applies. civil-procedure-code Cap. The exhibits in support of a judicial application must be listed in the summons to the defendant; those in support of a pleading must be listed in the pleading or in a notice attached to it. The notice is signed and filed in the court office by the court clerk then notified by the creditor to the debtor and the garnishee. The decision must give reasons, unless it refers to one or more opinions issued by the judges. Before making the seizure so authorized, the bailiff must ask the debtor to hand over the property. (Articles 53 à 70), Chapitre Ier : La demande initiale. A decision is rendered by the Court of Appeal when a majority of the judges having heard the appeal concur. An application for recusation is notified to the judge and the other parties on the expiry of 10 days after notification of the statement. (Articles 331 à 333), Section II : Dispositions spéciales aux appels en garantie. It further includes, both in first instance and in appeal, facilitating conciliation whenever the law so requires, the parties request it or consent to it or circumstances permit, or if a settlement conference is held. While a seizure of income remains binding, not only the seizing creditor but all creditors may participate in the distribution of the income; they must however have notified their claim, setting out the nature, date and amount of the debt, to the bailiff or the court clerk and to the debtor, the seizing creditor and the garnishee, and have provided supporting documents. In addition, it may determine the tariff of professional fees the parties may be charged for services not covered by the Family Mediation Service or for services provided by a mediator designated by the Service or by more than one mediator. The decision may be given at the hearing by the judge who presided over the appeal hearing, even in the absence of the other judges; alternatively, it may be deposited at the office of the Court under the signature of all or the majority of the judges who heard the appeal. Any other party may, before the scheduled trial date, require the witness’s presence at the evidence stage of the trial or obtain the authorization of the court to examine the witness outside the presence of the court. The instrument of accession shall be deposited with the Ministry of Foreign Affairs of the Netherlands. If originals of the exhibits are not filed with the defence, they may be produced on the day of the trial. In States party to the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, made at The Hague on 15 November 1965, international notification is made in accordance with the Convention, which is reproduced in a schedule to this Code and has force of law in Québec. 30-8), Paragraphe 3 : La publication de l'inscription (Articles ANNEXE, art. A refusal to take the oath constitutes a refusal to testify; if it persists, it constitutes contempt of court. 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