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.
Amendment of an application after filing
You can amend your application once it has been filed, for example to change the amount of the claim or implead another party.
Witnesses called to a hearing
Testimony from witnesses is one way to present admissible evidence.
Representation (mandate)
In general, individuals must represent themselves before the Small Claims Division.
Discontinuance of a case at the Small Claims Division
A plaintiff may decide to discontinue a case at the Small Claims Division.
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.
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.
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.
Stay of hearing at the Small Claims Division
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.
