Setting a date for a hearing or a trial

Use the right form

The form to request a final hearing date is entitled “Request for Setting Down for Trial and Judgment by Way of a Joint Declaration.” There are two versions of the form, depending on where your local courthouse is.

To find out what is your judicial district : Search for judicial district (Justice Québec).

• Districts of Beauharnois, Bedford, Drummond, Gatineau, Iberville, Joliette, Labelle, Laval, Longueuil, Mégantic, Montréal, Pontiac, Richelieu, Saint-François, Saint-Hyacinthe, and Terrebonne:

Form for the Montreal Division (Quebec Superior Court)

• Districts of Abitibi, Alma, Arthabaska, Baie-Comeau, Beauce, Bonaventure, Charlevoix, Chicoutimi, Frontenac, Gaspé, Kamouraska, Mingan, Montmagny, Québec, Rimouski, Roberval, Rouyn-Noranda, Saint-Maurice, Témiscamingue, and Trois-Rivières:

Form for the Quebec Division (Quebec Superior Court)

Make sure your file is complete

In addition to the “Request for Setting down for Trial and Judgment by Way of a Joint Declaration” form, you need to include various documents with your file:

• The list of exhibits you and your ex would like to present at the hearing
• Your certificates of participation in a parenting and mediation information session (check with the office of your local courthouse to find out if you have to participate because of your situation)

Free information session on parenting after separation (Gouvernement du Québec)

• Your Statement of Family Patrimony, if the rules governing its partition apply to you:

Statement of family patrimony - Montreal Division (Quebec Superior Court)

Statement of family patrimony - Quebec Division (Quebec Superior Court)

• Your Statement of Partnership of Acquests, if this is your matrimonial regime:

Statement of partnership of acquests - Montreal Division (Quebec Superior Court)

Statement of partnership of acquests - Quebec Division (Quebec Superior Court)

• • All the documents needed to determine spousal support if one of you has applied for it, including:

Form III – Statement of Income and Expenditures and Balance Sheet (Quebec Superior Court)

Statement required under article 444 of the Code of Civil Procedure (Justice Québec)

• All the documents needed to determine child support if you have children, including:

Statement required under article 444 of the Code of Civil Procedure (Justice Québec)

Child Support Determination Form (Justice Québec) or a copy of the result of the federal calculator (Government of Canada), based on the formula applicable in your situation

Once you’ve completed the form, file it at the office of your local courthouse. The clerk will verify whether the file is complete and ready for hearing.

If your file is incomplete, the clerk will let you know and you’ll have 30 days to submit the missing documents.

Agree on a date with the court and write it down

If the clerk determines that the file is complete, you'll be convened to a provisional calling of the roll.

At this meeting, which generally takes place over the phone or via videoconference, a judge or a clerk will schedule the hearing date with you (the judge or clerk may schedule more than one date). Please note that some courthouses may not proceed this way to determine a date with you. In any case, be sure to have your calendar on hand and make a note of the date(s) you agree on, because the court will not send out any reminders.

Once the date is set, the judge may convene you to a “pre-trial conference.” During this meeting, measures can be put in place to simplify the proceeding.

If a major unforeseen event will prevent you from participating in the hearing on the scheduled date, you must request a postponement as soon as possible. Contact the office of your local courthouse to find out what steps to take.

Representing Yourself in Court in Family Matters (Fondation du Barreau du Québec) - See section 6.1.10 “The Request to Have the Case Set Down for Trial and Judgment”

Applying for a Divorce (Éducaloi) - See Document K “Asking for a Trial Date (Request for Setting Down”)