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EXPLANATORY NOTES

SUBPOENA

(Post-Judgment Examination)

(SJ-279A)

The form “Subpoena (Post-Judgment Examination)” enables the judgment creditor to call

the debtor before the Court to examine the debtor as to their income and property before

executing the judgment. It also enables a third party to be examined with regard to the

debtor’s patrimony.

For further information, as well as the contact information for courthouses in the province

of Québec, consult the list of courthouses on the website of the ministère de la Justice.

TYPES OF FORMS

This form is available in dynamic PDF format, meaning the form can be downloaded from

www.justice.gouv.qc.ca and completed directly on screen.

• DynamicPDF:

After completing the form, you must print it on letter-sized paper, i.e. 8.5 inches by 11

inches (215.9 mm by 279.4 mm). Be sure to set your printer to this paper size.

• Paper:

If you complete the form by hand, please write legibly in block letters.

PROCEDURE

Once the form is completed, keep a copy for your files. You must then go to the courthouse

to have it signed by the clerk. Subsequently, you must have the subpoena notified to the

witness by bailiff.

The person must be called at least five days before the scheduled examination. That time

limit may be shortened by the judge or the clerk and the decision to do so must appear on

the subpoena, if applicable.

•SJ-279A(2021-01)

Procedure

CANADA COURT

PROVINCE OF QUÉBEC

District:

Locality:

FileNo.:

Plaintiff

Defendant

and

Party

SUBPOENA

(Post-Judgment Examination)

(a. 269 and following, 688 and 689 C.C.P.)

Natureofthejudicialapplication:

Attherequestof:   

(name and contact information of the party requesting the calling of the witness)

Weorder:   

(name of the witness called to testify under subpoena)

TO ATTEND at court on , at o’clock, to testify to everything of which the witness has

knowledgeinthiscasewithregardto:

income, obligations and debts, any sums owing to the debtor, any property the debtor owns or has owned since

incurring the obligation that is the basis for the judgment, and the property affected by the judgment.

the patrimony of , the judgment debtor.

ANDTOHAVEINHIS/HERPOSSESSION:

If the witness testifies in person:

The witness must appear at courtroom of the courthouse

located at .

If the witness testifies via a technical medium:

(indicate the technical medium used)

Before this date, the requisite information to enable the witness to testify will be provided to you by

(identify the proper person)

•SJ-279A(2021-01)

Select the court

Select the district

If the witness has received an advance on the indemnities and allowances payable to a witness and fails to attend, the court

may order the witness to pay all or part of the costs caused by the failure to attend and may issue an arrest warrant.

Signed at , on

Judge / Clerk / Lawyer Judge / Clerk / Lawyer (in block letters)

Signatory’s title

•SJ-279A(2021-01)

THE WITNESS MUST READ THE FOLLOWING INFORMATION

As a witness, you are required to attend at court to testify in the judicial application specified in this subpoena.

If you fail to attend in accordance with the subpoena, you may be compelled to testify, and an arrest warrant may be issued

against you by the court. In addition, the court may order you to pay all or part of the costs caused by your failure to attend.

If you are called to testify remotely via a technical medium, please consult the user’s guide for the secure platform before

the hearing; it is available on the website of the Ministère de la Justice (www.justice.gouv.qc.ca).

Youmaybecalled:

• togiveanaccountofthefactsofwhichyouhavepersonalknowledge;

• togivenanexpertopinion;

• toproduceadocumentorotherevidence;

• appearforapost-judgmentexaminationastothedebtor’sproperty.

Before testifying, you will have to swear under oath to tell the truth. However, if the disclosure of your address gives cause

to fear for your safety, you may ask the court to dispense you from disclosing it.

You have the right to be informed, by the calling party or the calling party’s lawyer if the calling party is represented, of

the reason you have been called, the subject of your testimony and the order of the proceeding. The name and contact

information of the calling party or of the calling party’s lawyer if the calling party is represented are specified on the

subpoena.

If your presence is no longer required, the calling party must so inform you.

If you are called, you may require the calling party to pay you an advance, covering the first day of attendance at court,

on the loss of time indemnity and the travel, meal and overnight accommodation allowances prescribed by government

regulation respecting the indemnities and allowances to which you are entitled. However, the calling party is dispensed from

this obligation for expenses which it covers directly or if you are a party or if you are otherwise compensated.

If you are called to attend as a witness in the Small Claims Division of the Court of Québec, you will not be compensated,

unless the court decides otherwise. The judge may grant indemnities if they are requested at the hearing.

After you have testified, the clerk will certify your presence and determine the amount owed to you by the calling party. You

must present this subpoena (in person or via a technical medium) to the clerk along with the proof needed to establish the

indemnities and allowances to which you are entitled.

If you testify remotely via a technical medium:

After you have testified, the calling party will give you instructions on how to obtain the indemnities and allowances to which

you are entitled under the regulations in force.

This certificate has the force of an enforceable judgment. If the amounts to which you are entitled are not paid, you may

immediately pursue payment of them against the calling party.

Employers and their agents are prohibited from taking any of the following actions against an employee on the grounds that

theemployeewascalledtoattendatcourtorservedasawitness:

• dismissing,suspendingortransferringtheemployee;

• exercisingdiscriminatorymeasuresorreprisalsagainsttheemployee;

• imposinganyotherpenaltyontheemployee.

•SJ-279A(2021-01)

ADDITIONAL USEFUL INFORMATION

STATEMENT OF PRINCIPLE REGARDING WITNESSES

The ministère de la Justice states its commitments with regard to witnesses in the Statement of Principle regarding

Witnesses. The Statement solemnly reaffirms the primacy of the person in the administration of justice and proclaims

the importance of ensuring that persons called to testify are given the respect, information and consideration to which they

are entitled.

The Statement of Principle regarding Witnesses is available at courthouses and on the website of the ministère de la

Justice (www.justice.gouv.qc.ca).

BEFORE THE COURT

• AnypersonappearingbeforetheCourtmustbesuitablydressed.

• Eachpartycanexamineandcrossexaminethewitnesses.

• WitnessesareentitledtotheprotectionoftheCourtagainstanyintimidationtacticswhiletheyaretestifyingandagainst

any abusive examination.

ALLOWANCES TO WITNESSES

• Theindemnitypayabletoawitnessissetat$90pernecessarydayofabsencefromhisorherhomeor$45whenthat

absencedoesnotexceedfivehours.(IndemnityupdatedtoJanuary1,2015.)

• A witness recognized and declared an expert by the Court is entitled to an indemnity of $180 per necessary day

 of absence from his or her home or $90 when that absence does not exceed five hours. (Indemnity updated to

 January1,2015.)

• Noindemnitywillbepaidtowitnesseswho,pursuanttoacts,ordersincouncil,contracts,understandingsorcollective

agreements, do not suffer a loss of earnings (for example, salary or wages) as a result of being summoned to appear as

witnesses.

For further information, as well as the contact information for courthouses in the province of Québec, consult the list of

courthouses on the website of the ministère de la Justice at www.justice.gouv.qc.ca.

•SJ-279A(2021-01)

COURT:

District:

Locality:

FileNo.:

Plaintiff

Defendant

and

Party

SUBPOENA

(Post-Judgment Examination)

Thecallingpartyorlawyeris:

•SJ-279A(2021-01)

Name and address of attorney

Select the court

Select the district

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