When do I have to file my evidence with the court?
In the United States? This answer is Québec and Canadian law. The US side of this site answers different questions, state by state: different law, and different coverage. Go to the US side
Short answer
In Small Claims in Quebec, evidence must be filed at the courthouse within 10 days after the application or the contestation is officially filed, and more can be added up to 30 days before the date set for the hearing (Government of Quebec).
In detail
The Government of Quebec states that exhibits must be filed in person at the courthouse or by mail · they cannot be filed online. You have to use the List of exhibits form (SJ-840).
Éducaloi points out the consequence of missing the 30-day deadline: “If you do not meet this deadline, the judge could refuse to look at it.” In other words, excellent evidence filed too late may be of no use at all.
Before the ordinary courts, the rule is different. Article 250 of the Code of Civil Procedure provides that exhibits and other evidence are filed at least 15 days before the date set for the trial, that period being at least three days where the date is set less than 15 days away. Always check the rule of the court seized of your case.
What to document
The filing date of each exhibit, proof of filing or mailing, and a copy of everything you handed in. Always keep the original at home: exhibits that are filed stay in the court record.
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
And to put it in order: our free tools · number your exhibits, set your facts in date order, request a copy of your file. No account, and nothing leaves your browser.
Free tool
Once you know the deadline, what you file still has to be prepared. The tool numbers your exhibits and prints the list you file plus one label per document. It calculates no deadline: for that, the page above points you to the official source.
Official sources
- Evidence in Small Claims (Government of Quebec)
- Code of Civil Procedure, art. 250 (Légis Québec)
- Evidence in Small Claims Court (Éducaloi)
Related questions
- How do I identify and number my exhibits?
- Do I have to give my evidence to the other party before the hearing?
- How do I get a witness to come to the hearing?
- Do I have to pay my witness to come and testify?
- What if my witness refuses to show up?
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.