Conduct of the hearing

Preparing for the hearing and calling parties and witnesses

Once the record is ready, the clerk calls both parties to the hearing.

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Amendment of an application after filing

Before the judgment is rendered, you can amend your application without obtaining authorization from the court. 

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Witnesses called to a hearing

Testimony from witnesses is one way to present admissible evidence.

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Representation (mandate)

In general, individuals must represent themselves before the Small Claims Division.

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Discontinuance of a case at the Small Claims Division

A plaintiff may decide to discontinue a case at the Small Claims Division.

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Affidavit in lieu of testimony

The plaintiff and the defendant may, if they wish, file an affidavit with the clerk in lieu of a person’s testimony.

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Evidence

If you are the plaintiff in a case, you must gather together all the documents and other items you intend to use as evidence.

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Postponement and time needed to obtain a hearing

To find out how long it will take to obtain a hearing, contact the information service at the Ministère de la Justice.

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Stay of hearing at the Small Claims Division

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Recovery and destruction of exhibits

Once a trial is over, the parties must recover their own exhibits. If they fail to do so, the clerk may destroy them one year after the date of the judgment or the act putting an end to the dispute.

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