Rules of the Municipal Courts (SI/2005-127)
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Regulations are current to 2013-04-29
CHAPTER I
PROVISIONS APPLICABLE TO ALL MATTERS
Division I
Definitions
1. Unless the context indicates otherwise,
(a) “case” means any stage of a criminal, penal or civil proceeding and a motion or application;
(b) “court” means a municipal court of Québec;
(c) “clerk” means a clerk, deputy clerk or replacement clerk;
(d) “judge” means a municipal court judge;
(e) “president judge” means, in a court where judges exercise their functions exclusively and on a full-time basis, a judge appointed by the Government to preside over a court and includes the associate president judge where that judge replaces the president judge;
(f) “judge responsible for the court” means, in a court composed of more than one judge, a judge designated by the Government as the judge responsible for the court;
(g) “parties” means the Queen, the prosecuting party, the prosecution, the defendant, the intervener, the impleaded party or the opposing party.
Division II
Time Limits and Powers Exercised Pursuant to These Rules
2. Time limits or requirements. A president judge, a judge responsible for the court or a judge may, for serious reasons, shorten a time limit or grant an exemption from a requirement under these Rules.
3. Powers. Unless he or she is absent or unable to act, the powers assigned to a president judge or a judge responsible for the court under these Rules shall not be exercised by a judge of his or her court.
Division III
Access to Records
4. Consultation of a record. A record or exhibit filed may be consulted only in the presence of the clerk or a person designated by the clerk.
5. Copies of documents. A person may obtain a copy of documents or exhibits filed in the court record on payment of the required fees.
6. Removal of a record. A record may be removed from the office of the court only at the request or with the authorization of the judge or the clerk.
7. Removal of an exhibit. After the expiry of the time limit for appeal from the final judgment or the sentence, a party may, upon giving a receipt therefor, remove an exhibit filed by the party, unless the exhibit has been seized.
Division IV
Courtrooms
8. Courtrooms. The president judge or the judge responsible for the court shall determine the use and purposes of available courtrooms.
9. Judges. The president judge or the judge responsible for the court shall designate the judges who are to preside in the courtrooms of the court.
10. Assignment of cases. The president judge or the judge responsible for the court shall assign the cases to the judges assigned to the court.
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