This form is for the use of any person who wishes to file an application for revocation of judgment after having been convicted by default of an offence against a Quebec law.
Send the form by email to email@example.com.
If you were convicted by default and for a serious reason were unable to submit a defence, you may file an application for revocation of judgment with the Municipal Court at which the judgment was rendered.
You must file your application within 15 days after the date on which you acquired knowledge of the judgment convicting you. If this 15-day period has expired, you may apply to be relieved of the consequences of your delay by stating, in paragraph 3 of the form, the reasons for which you were unable to file your application within the prescribed period.
If the judge grants your application for revocation of judgment, the parties are placed in the position they were in before the trial. The judge may then recommence the trial or adjourn the new trial to a later date.
You must pay costs* to the clerk when filing an application for revocation of judgment or an application for stay of execution of judgment.
Furthermore the judge who grants or dismisses your application for revocation of judgment may or may not impose costs. He may even order that the question of costs be determined at the time of the judgment on the proceedings. The costs that you may be required to pay are set by regulation*.
Fill in the top portion and states in the lower portion the allegations and conclusions of your application.
Fill in this part only if your application is being filed after the expiry of the 15-day period following the date on which you acquired knowledge of the judgment convicting you. State the reasons for which you were unable to file your application within the prescribed period.
You must convince the judge that you have serious reasons for contesting the judgment. For that purpose, you may state the nature of your defence without revealing any of the details. For example: I am contesting the legality of the charges brought against me because...
Check (✅) the box corresponding to the conclusions that you are seeking, sign your application and enter the date and place of filing.
Write out the affidavit or solemn affirmation, which is generally administered by a commissioner for oaths or by a lawyer, a notary, a justice of the peace or the clerk of a court of law.
Indicate in the prior notice the names of the prosecutor and the collector. Obtain from the clerk of the court the date, time and room number for the hearing of your application, and indicate that information in the prior notice.
Serve your application on the prosecutor at least 5 clear days before the date on which you file it and, within the same period, file your application at the office of the court in the district in which the judgment was rendered. Serve your application by registered mail, priority courier or bailiff. Service may be replaced by a receipt signed and dated by the prosecutor and bearing the statement “copy received in lieu of service”. Send a copy of your application to the collector.
If you required further information, we suggest that you consult a lawyer.
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