Where to file your application?

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.

Deadline for filing your application

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.

Effect of your application

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.

Costs payable (following the tariff of court costs in penal matter of the year in course)

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*.

Application

Fill in the top portion and states in the lower portion the allegations and conclusions of your application.

Top portion

• Enter the number of the court office file and the number of the statement of offence appearing on the notice of judgment or on the writ of execution;
• Enter your full name, date of birth, address, postal code and phone number in the space reserved for the applicant.

Allegations

Paragraph 1

• Enter the date of conviction, as indicated in the notice of judgment, in the writ of execution or in the minutes of trial.

Paragraph 2

• Enter the date on which you acquired knowledge of the judgment convicting you.

Paragraph 3

• 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.

Paragraphe 4

• State the reasons for which your defence could not be submitted. For example: I did not acquire knowledge of the statement of offence because...

Paragraphe 5

• 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...

Conclusions

Check (✅) the box corresponding to the conclusions that you are seeking, sign your application and enter the date and place of filing.

Affidavit or solemn affirmation

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.

Prior notice

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.

Service of application

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.