I can't be there on the day of the hearing what do I do?
Short answer
In Quebec, a party who expects not to be able to attend the hearing can ask for a postponement by contacting the courthouse. A first request made at least one month before the hearing is decided by the clerk; any other request goes to a judge.
In detail
When you ask therefore determines who deals with the request. Made at least one month in advance and for the first time, it falls to the clerk. Any other request — later, or a second one — goes to a judge.
Failing to appear without having asked for a postponement has a direct consequence: a default judgment can be rendered at the hearing, or after deliberation, where the defendant does not appear on the scheduled day.
If you were unable to attend for a valid reason and a default judgment was rendered, revocation of judgment is still available — but it is a separate procedure, with a 30-day time limit and fees of its own.
What to document
The reason for your absence, with its proof, as soon as you know it: a medical note, a summons, a booking, a work schedule. Also note the date and time of your call to the courthouse, and who you spoke to.
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.
Open the application Up to 3 files, no card · see the plans
Official sources
- Postponement of a case and time before the hearing — Gouvernement du Québec
- Default judgment — Gouvernement du Québec
Related questions
- Can you get a judgment without a hearing?
- How long after the hearing will I get the judgment?
- Can I appeal a small claims judgment?
- I got a default judgment can I have it cancelled?
- How long does the person have to pay me after the judgment?
See all the answers · the full guide collection · Lire en français
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.