Withdrawal and suspension of judgment

Any person who has been found guilty in absentia and who, for a serious reason, has not been able to present his or her defence may ask a judge to set aside the judgment by presenting a motion for retraction of judgment. 

You will find below frequently asked questions as well as the procedure to follow in order to present such a request. 

Print the form available in the Download section on the left side of this page, fill it out and present yourself at the municipal court after having been sworn in by a commissioner of oaths in order to pay the fees and obtain a presentation date for your request.  

If your driver's license is suspended by the Société de l'assurance automobile du Québec in connection with this offence, you may file an application for a stay of execution at the same time as the motion to set aside the judgment.

WHO MAY FILE THIS APPLICATION?

Any person who has been declared guilty by default of an offence under a Quebec penal law may ask a judge to quash the judgment on the grounds that he was unable to submit his defence. The application also has a provision for asking a judge to stay the execution of the judgment.

A defendant may be convicted by default when he does not transmit a plea; the total amount due in the prescribed delay; or when he is not present in court for his trial.

The judge can quash a judgment rendered if he is convinced of the seriousness of the reasons why the person was prevented from submitting his defence. He can also, upon request, grant a stay of execution of judgment.

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WHERE TO FILE YOUR APPLICATION?

The application must be filed at the Clerk’s office of the courthouse at which the judgment by default was rendered.

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DEADLINE FOR FILING YOUR APPLICATION?

You must file your application within 15 days of the date on which you acquired knowledge of the judgment convicting you. If the 15-day period has expired, you may apply to be relieved of the consequences of your delay by stating in paragraph 4 of the attached form the reasons for which you were unable to file your application within the prescribed period.

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WILL THE APPLICATION FOR REVOCATION OF JUDGMENT SUSPEND THE EXECUTION OF JUDGMENT?

No. Filing an application for revocation of judgment will not stop the procedures of execution of the judgment. To suspend these procedures, you must ask a judge to stay the execution of the judgment. You may request this by filling the application for stay of execution of judgment.

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WHAT HAPPENS IF THE APPLICATIONI FOR REVOCATOIN OF JUDGMENT IS GRANTED?

If the judge grants your application for revocation of judgment, the judgment will be annulled and you will be in the same situation you were in before your conviction by default. The judge may then recommence the trial in order to permit you to present your defence.

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WHAT HAPPENS IF THE JUDGE GRANTS MY APPLICATION FOR A STAY OF EXECUTION OF JUDGMENT?

The Court Clerk will do the necessary follow-up with the Société de l'Assurance Automobile du Québec in order to lift the suspension of your driver’s licence.

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IS THERE A COST FOR FILING MY APPLICATION?

Yes. You must pay costs when filing an application for revocation of judgment and for a stay of execution of judgment. The payment may be made in cash, by debit card, by certified cheque or money order payable to Cour municipale de Rosemère.

The fees for the dismiss of the application for revocation of judgment are added to the total of the amount of the fine and the initial fees.

Finally, to be valid, the application for revocation of judgment must be produced with the payment of 25 $ not repayable in one (1) original and two (2) copies in the delay mentioned in the article 252 of the Code of penal procedure.

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How to fill in the attached form

You must fill in the necessary information in the top portion and state in the lower portion the facts and conclusions of your application. On the second page, you must fill in the paragraphs “Solemn affirmation”. (Please note that you cannot make a solemn declaration in front of an employee of the City of Rosemère nor the City of Lorraine).

TOP PORTION

1. The application must be filed in the same judicial district and town where the judgment was rendered.
2. Enter the case number as shown on the notice of judgment or on the writ of execution.
3. Enter you full name, date of birth, address and postal code in the space reserved for the applicant.

THE FACTS

1. Enter the date of convicton, as indicated in the notice of judgment.
2. Enter the date on which you acquired knowledge of the judgment convicting you. If the 15-day period has expired, state the reasons for which you were unable to file your application within the prescribed period.
3. State the reasons for which your defence could not be submitted. The explanation must be convincing and serious.
4. Explain briefly why you contest the merits of the judgment rendered against you.
5. In the application for stay of execution of judgment, fill the point 4 if you wish to ask the judge to stay execution of the judgment. Explain the reasons why you would suffer irreparable prejudice if a stay of execution of judgment were not granted.
6. In the application for stay of execution of judgment, fill the point 5 if you wish to plead urgency to request that the judge order a stay of execution of judgment despite your not having served prior notice of your request on the prosecutor.

CONCLUSIONS

1. Indicate the objective(s) of your request by checking the corresponding box or boxes.
2. Sign your application for revocation of judgment and stay of execution of judgment.

SOLEMN AFFIRMATION

Write out the solemn affirmation and have it signed by a commissioner of oaths.
A commissioner of oaths or any person who is member of a professional order. (Please note that you cannot make a solemn declaration in front of an employee of the City of Rosemère nor the City of Lorraine).

PRIOR NOTICE

You must obtain the date and the time for the hearing of your application from the Court Clerk, and indicate the information in the “Prior notice” section.

SERVICE OF APPLICATION

You must serve notice of your application at the municipal court by paying the established court fees.
Under extenuating circumstances, you may request that a judge grant you dispensation from serving Prior notice of the application for stay of execution of judgment on the prosecutor. (see section 5 of the application)