Joint Declaration That a File Is Complete

Nº : ______

canada

PROVINCE of QUÉBEc

District of______

no : ______

superior court

______division

date : ______

JOINT DECLARATION THAT A FILE IS COMPLETE

INTRODUCTORY NOTES

The purpose of the joint declaration is to shorten the length of trials and to speed up the process of fixing dates for hearing in civil and commercial matters.
The joint declaration is to be filed in lieu of the declarations required in accordance with sections 274.1 and 274.2 C.c.p. and with Rules 15 and 77 a) R.c.p.
The joint declaration must be submitted within the time limit prescribed in the agreement as to the conduct of the proceeding. If no provision for a joint declaration has been included in the agreement as to the conduct of the proceeding, the joint declaration must be submitted within the time limits prescribed for the inscription, as extended in accordance with section 110.1 C.c.p., where applicable.
If you do not file a joint declaration, you have to produce the declarations required in accordance with sections 274.1 and 274.2 C.c.p. and with Rules 15 and 77 a) R.c.p. within the time limits prescribed in the agreement as to the conduct of the proceeding.
Please note that if you intend to require more than five days of hearing in civil matters or more than two days of hearing in commercial matters, and you have not fileda joint declaration, the Superior Court may require it at the calling of the provisional roll, which will delay the fixing of the date of hearing of the case on the merits.

IDENTIFICATION OF THE PARTIES AND THEIR COUNSEL

PLAINTIFF / APPLICANTLAWYER(S) IN CHARGE

NAME

ADDRESS / LAW FIRM
ADDRESS
TELEPHONE / TELEPHONE
FAX / FAX
E-MAIL / e-mail

DEFENDANT / RESPONDENTLAWYER(S) IN CHARGE

NAME

ADDRESS / LAW FIRM
ADDRESS
TELEPHONE / TELEPHONE
FAX / FAX
E-MAIL / e-mail

OTHER PARTY(IES)LAWYER(S) IN CHARGE

NAME

ADDRESS / LAW FIRM
ADDRESS
TELEPHONE / TELEPHONE
FAX / FAX
E-MAIL / e-mail

THE DISPUTE

NATURE OF THE DISPUTEAMOUNT IN DISPUTE

PRINCIPAL ACTION
counterclaim
recourse in warranty

THEORY OF THE CASE

PLAINTIFF / APPLICANT

DEFENDANT / RESPONDENT

OTHER PARTY(IES)

questions in issue

SPECIFIC QUESTIONS IN ISSUE

CONCLUSIONS SOUGHT

PLAINTIFF / APPLICANT

DEFENDANT / RESPONDENT

COUNTERCLAIM

OTHER PARTY(IES)

ADMISSIONS

EXHIBITS, EXPERT REPORTS,

OTHER REPORTS AND DECLARATIONS TRANSMITTED

PLAINTIFF / APPLICANT

EXHIBITS

Identification[1]

DESCRIPTION

ADMITTED CONTENT

/ admitted for the purpose of filing only or 403 / nature OF THE
objection

EXPERT REPORTS AND OTHER REPORTS (399.2, 402.1 et 413.1C.c.p.)

IDENTIFICATION / NAME OF EXPERT / AREA OF EXPERTISE / ADMITTED CAPACITY
YES/no / REASONS, IF NOT ADMITTED
The parties have disclosed the curriculum vitaes, statements of account and expert’s current fee schedule[2]:YES (check)

WRITTEN STATEMENTS (294.1 C.c.p.)

IDENTIFICATION / Deponent / Identification of document / admittedor
required attendance

EXHIBITS, EXPERT REPORTS,

OTHER REPORTS AND DECLARATIONS TRANSMITTED

DEFENDANT / RESPONDENT

EXHIBITS

Identification

DESCRIPTION

ADMITTED CONTENT

/ admitted for the purpose of filing only or 403 / nature OF THE
objection

EXPERT REPORTS AND OTHER REPORTS (399.2, 402.1 et 413.1C.c.p.)

WRITTEN STATEMENTS (294.1 C.c.p.)

IDENTIFICATION / Deponent / Identification of document / admitted or
required attendance

EXHIBITS, EXPERT REPORTS,

OTHER REPORTS AND DECLARATIONS TRANSMITTED

OTHER PARTY(IES)

EXHIBITS

Identification

DESCRIPTION

ADMITTED CONTENT

/ admitted for the purpose of filing only or 403 / nature OF THE
objection

EXPERT REPORTS AND OTHER REPORTS (399.2, 402.1 et 413.1C.c.p.)

WRITTEN STATEMENTS (294.1 C.c.p.)

IDENTIFICATION / Deponent / Identification of document / admitted or
required attendance

HAVE FILED out of courtexamination

PLAINTIFF / APPLICANT

Examination for Discovery(397, 398, 398.1 et 398.2C.c.p.)

WITNESS NAME

/ FILED
(in full or in part) /

DATE

NUMBER OF PAGESFILED

HAVE SUBMITTED AN AFFIDAVIT(404 C.c.p.)

WITNESS NAME

SUBJECT MATTER

HAVE ANSWERED AN INTERROGATORYON facts related to the dispute(405 C.c.p.)

WITNESS NAME

SUBJECT MATTER

HAVE FILEDout of courtexamination

DEFENDANT / RESPONDENT

Examination for Discovery (397, 398, 398.1 et 398.2C.c.p.)

WITNESS NAME

/ FILED
(in full or in part) /

DATE

NUMBER OF PAGES FILED

HAVE SUBMITTED AN AFFIDAVIT(404 C.c.p.)

WITNESS NAME

SUBJECT MATTER

HAVE ANSWERED AN INTERROGATORY ON facts related to the dispute (405 C.c.p.)

WITNESS NAME

SUBJECT MATTER

HAVE FILEDout of courtexamination

OTHER PARTY(IES)

Examination for Discovery (397, 398, 398.1 et 398.2C.c.p.)

WITNESS NAME

/ FILED
(in full or in part) /

DATE

NUMBER OF PAGES FILED

HAVE SUBMITTED AN AFFIDAVIT(404 C.c.p.)

WITNESS NAME

SUBJECT MATTER

HAVE ANSWERED AN INTERROGATORY ON facts related to the dispute (405 C.c.p.)

WITNESS NAME

SUBJECT MATTER

WITNESS LIST

PLAINTIFF / APPLICANT

WITNESS NAME

PURPOSE AND SUBSTANCE OF THE WITNESS’S TESTIMONY

/ Will be the object of a Will-Say Statement[3]
(parties’ consent
is required) /

langage

INTER-PRETER

TIME NEEDED

In chief

cross-exam.

TOTAL :

DEFENDANT / RESPONDENT

WITNESS NAME

PURPOSE AND SUBSTANCE OF THE WITNESS’S TESTIMONY

/ Will be the object of a Will-Say Statement
(parties’ consent
is required) /

langage

INTER-PRETER

TIME NEEDED

In chief

cross-exam.

TOTAL :

OTHER PARTY(IES)

WITNESS NAME

PURPOSE AND SUBSTANCE OF THE WITNESS’S TESTIMONY

/ Will be the object of a Will-Say Statement
(parties’ consent
is required) /

langage

INTER-PRETER

TIME NEEDED

In chief

cross-exam.

TOTAL :

TOTAL DURATION OF PROOF: ______

NOTE:determine the time needed for the cross-examination of affiants and deponents

SUBMISSIONS

DURATION

PLAINTIFF / APPLICANT

DEFENDANT / RESPONDENT

OTHER PARTY(IES)

DURATION OF SUBMISSIONS:______

TOTAL DURATION OF THE TRIAL :______

(assume 5HRS a day for the purposes of calculating)

DISCLOSURE PRIOR TO THE HEARING

No later than twenty (20)days prior to the scheduled hearing date, the parties will communicate to the judge in charge of long duration hearings:

A common book of necessary pleadings;
An updated common list of exhibits and a paginated book of exhibits in accordance with Rule82R.c.p. ;
The will-say statements; and
The authorities on which the parties intend to rely.

ATTESTATIONS

THE LAYWERS, UNDER their OATH OF OFFICE, declare:

1.that the exhibits, expert reports, reports and written declarations declared herein include all of those in possession of the parties and on which the parties intend to rely at the hearing;

2.that the identified examinations on discovery include all examinations that the parties intend to use at the hearing;

3.that the list of identified witnesses is complete;

4.that they have informed their clients of the anticipated costs of the trial;

5.that the parties have explored the possibility to settle the matter out of court; and

6.that the file is complete and that the parties are ready to proceed (77a) R.c.p.).

______

PLAINTIFF’S LAWYER

______

DEFENDANT’S LAWYER

______

OTHER PARTY(IES)LAWYER

THE SELF REPRESENTED PARTY, SOLEMNLY, DECLARES:

1.that the exhibits, expert reports, reports and written declarations declared herein include all of those in his/her possession and on which he/she intends to rely at the hearing;

2.that the identified examinations on discovery include all examinations that he/she intends to use at the hearing;

3.that the list of identified witnesses is complete;

4.that he/she is aware of the anticipated costs of the trial;

5.that the parties have explored the possibility to settle the matter out of court; and

6.that the file is complete and that the parties are ready to proceed (77a) R.c.p.).

______

PLAINTIFF / APPLICANT

______

DEFENDANT / RESPONDENT

______

OTHER PARTY(IES)

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[1]The parties should avoid duplicating exhibits; if an exhibit has been produced by a party, the other party should refer to said exhibit without producing it again. If more than one party has produced an exhibit, please indicate all the identifications under which said exhibit has been produced.

[2] Art.18.2 R.c.p.: «The party who produces an expert report must at the same time produce its author's curriculum vitae, a statement of account to date and the expert's current fee schedule for the expert's presence at a trial on the merits.»

[3]A Will-Say Statement sets out briefly what a witness would say at the hearing, if called as a witness, without it constituting an admission as to the content of his/her testimony. This avoids, with the consent of the other parties, unnecessary testimonies.