|
1
|
All proceedings must be drawn up on one side of a white letter sized sheet (8 1/2" x 11").
|
|
2
|
All proceedings must be legibly written; they are usually typewritten.
|
| 3 |
You must follow the proposed layout (for example, the indications on the left must remain on the left).
|
| 4 |
The names of the judicial districts are provided as examples only; you must indicate the name of the judicial district where you file your application.
|
| 5 |
The affidavit is a declaration under oath by which you swear to the truth of the facts that are mentioned in the affidavit and in your application and that you sign before a person authorized to administer oaths. You must be sworn at the time you sign the application and the affidavit, before going to the office of the Superior Court at the courthouse. Each party must produce an affidavit. Notaries, attorneys, court clerks, some directors of financial institutions (caisses populaires, banks) and other persons in authority are commissioners for oaths.
|
| 6 |
The proposed content is given as a guideline only. Because individual situations differ, you must adapt the content to suit your own specific circumstances.
|
| 7 |
When an application concerning child custody or support is filed by means of a joint application, the special clerk can homologate any agreement made between the parties concerning the complete settlement of these issues. The application is filed at the office of the Superior Court and does not usually require a hearing. Therefore, you will not have to appear before the court. However, if the special clerk finds that the interests of the children are not sufficiently protected or that the consent of the parties does not appear to be voluntary, the case may be referred to a judge, or the parties summoned for a hearing along with their attorney, if applicable. In this case, you will have to appear in court for a hearing.
|
| 8 |
You must prepare a separate backing sheet for each document or evidence accompanying a proceeding and attach it to the back of your proceeding. The backing sheet is attached, with the writing facing outward, to the document it pertains to and becomes the last page of the document. As you can see on the model, when folded, it will allow the proceeding to be identified.
|
| 9 |
In cases of separation from bed and board, annulment or dissolution of a civil union and joint applications by de facto spouses, the word "Divorce" must not appear in the heading of the proceeding on Models 1 and 3.
|
| 10 |
You must complete the form Sworn Statement under Article 827.5 of the Code of Civil Procedure (SJ-766A) and include it with your application. The form must be signed and sworn before a commissioner for oaths, or before a person authorized to administer oaths by virtue or his or her function: a clerk or deputy clerk of a court of justice, an advocate, a notary, the mayor, clerk or secretary-treasurer of a municipality, or a justice of the peace. |
