Can a witness testify in writing instead of coming to court?
Short answer
Yes, in Small Claims in Quebec: a written statement can replace a person's testimony, provided it is given to the court clerk at least 30 days before the date set for the hearing, and the other party may ask, at least 15 days before the hearing, that the witness attend anyway (Government of Quebec).
In detail
The form to use is the Statement in lieu of testimony (SJ-837). The clerk informs the other party that it has been filed, and that party may review it. If the judge finds that the witness travelled to the hearing for nothing, the other party has to bear the costs. Article 555 of the Code of Civil Procedure provides for the same mechanism.
Before the Tribunal administratif du logement (TAL, Quebec's rental board), the rule is comparable but stricter: if the other party consents, a written statement may replace the testimony. Failing consent, the Tribunal may accept it exceptionally, but only if it is shown that it is impossible to obtain the witness's appearance or unreasonable to require it, and that the statement offers reasonable guarantees of reliability. The TAL specifies that the impossibility must be real — a witness who has died, a witness outside the province — and not a mere inconvenience.
The TAL also states that it may allow the filing, in lieu of testimony, of a report signed in particular by a physician, a police officer, a firefighter or an inspector appointed under a statute, in the absence of the person who prepared it.
What to document
The statement signed and dated by the witness, proof that it was filed on time, and the witness's contact information in case their attendance is required. Note precisely what the statement establishes.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
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Official sources
- Written statement in lieu of testimony (Government of Quebec)
- Code of Civil Procedure, art. 555 (Légis Québec)
- Preparing for a hearing (Tribunal administratif du logement)
Related questions
- How do I prepare the questions to ask my witnesses?
- Can I record or film my hearing at the courthouse?
- Can I get the recording of my hearing?
- Is my hearing public and can someone attend?
- What happens if I do not show up for my hearing?
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.