How do I get a witness to come to the hearing?
Short answer
In Quebec, witnesses are called by a summons to appear (subpoena) issued by a judge, by a clerk acting at the request of a party, or by a lawyer, and they must be summoned at least 10 days before the time set for their appearance (art. 269 of the Code of Civil Procedure).
In detail
Article 269 allows the judge or the clerk to shorten that period in an emergency, provided at least 24 hours remain between the notification and the appearance. Article 270 states that a witness may be summoned to relate facts of which they have personal knowledge, to give an opinion as an expert, or to produce a document or other item of evidence.
The rules vary from one court to another. JuridiQC indicates that you have to fill out the “Citation à comparaître” (summons to appear) form (SJ-282) and have it signed by a clerk at the courthouse, then serve it through a bailiff. In Small Claims, it is the clerk who summons the witnesses once the hearing date is set, using the List of witnesses to be summoned by the clerk form (SJ-839). At the Tribunal administratif du logement (TAL, Quebec's rental board), the summons is issued by an administrative judge, a special clerk or your lawyer, and must be served by a bailiff, at your expense, at least 3 days before the hearing.
JuridiQC points out that a summons to appear is not mandatory, but that it protects you better if a witness decides not to show up.
What to document
The name, contact information and availability of each witness, what they personally observed, the date their summons was issued and served, and the bailiff's proof of service.
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
- Code of Civil Procedure, arts. 269 and 270 (Légis Québec)
- How to choose and prepare your witnesses for the hearing (JuridiQC, Government of Quebec)
- Preparing for a hearing (Tribunal administratif du logement)
Related questions
- Do I have to pay my witness to come and testify?
- What if my witness refuses to show up?
- Can a witness testify in writing instead of coming to court?
- How do I prepare the questions to ask my witnesses?
- Can I record or film my hearing at the courthouse?
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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.