REQUEST FOR REVOCATION OF JUDGMENT
This service is intended for the person who was found guilty by default, having been unable to present his defense for a serious reason. For example, if you were not aware of the issuance of a statement of offense, or did not receive the hearing notice.
According to articles 250 and following of the Code of Penal Procedure, it is possible to present a request to the judge in order to restore the parties to the state they were in before the investigation. In other words, the defendant who was declared guilty by default and who, for a serious reason, was unable to present his defence, may request the revocation of this judgment.
Not receiving a hearing notice is a serious reason for not having presented a defense during the hearing. The same is true if you were properly summoned to your trial, exercised due diligence in this situation, but special circumstances prevented you from defending yourself in a timely manner. However, trying to justify the failure to appear at your trial by claiming to be the victim of confusion is not considered a serious reason for the court.
It is essential to act within 15 days following knowledge of the judgment by default, unless you are able to demonstrated to the judge that you were in the impossibility of filing the motion within the time limit.
Since the revocation of judgment is not an appeal, a judgment cannot be set aside on the pretext that the judge made an error.
The revocation of judgment does not operate a stay of execution unless the judge orders it at the request of the defendant. (Article 255 of the Code of Penal Procedure) It is possible that the judgment rendered by default results in the suspension of your driving license because you have reached or exceeded the maximum threshold of demerit points applicable to your category of driving licence.
If you are in this situation, and you are able to demonstrate that the default judgment causes you harm, you can ask the judge to stay the execution of the judgment. When the application is granted by the judge, the effects of the judgment rendered against you are suspended, and the demerit points are not entered in your driving record. You can therefore continue to drive your vehicle until you have the opportunity to present your motion for revocation of judgment before the judge. If you wish to initiate a request for revocation of judgment, contact us to determine if your case is eligible for such a request.
Not receiving a hearing notice is a serious reason for not having presented a defense during the hearing. The same is true if you were properly summoned to your trial, exercised due diligence in this situation, but special circumstances prevented you from defending yourself in a timely manner. However, trying to justify the failure to appear at your trial by claiming to be the victim of confusion is not considered a serious reason for the court.
It is essential to act within 15 days following knowledge of the judgment by default, unless you are able to demonstrated to the judge that you were in the impossibility of filing the motion within the time limit.
Since the revocation of judgment is not an appeal, a judgment cannot be set aside on the pretext that the judge made an error.
The revocation of judgment does not operate a stay of execution unless the judge orders it at the request of the defendant. (Article 255 of the Code of Penal Procedure) It is possible that the judgment rendered by default results in the suspension of your driving license because you have reached or exceeded the maximum threshold of demerit points applicable to your category of driving licence.
If you are in this situation, and you are able to demonstrate that the default judgment causes you harm, you can ask the judge to stay the execution of the judgment. When the application is granted by the judge, the effects of the judgment rendered against you are suspended, and the demerit points are not entered in your driving record. You can therefore continue to drive your vehicle until you have the opportunity to present your motion for revocation of judgment before the judge. If you wish to initiate a request for revocation of judgment, contact us to determine if your case is eligible for such a request.
Services included in this package:
- The opening of your file
- Consultation with a lawyer about your file, by telephone or videoconference
- Drafting procedural documents
- The filing of pleadings, and the payment of court fees related to the filing of pleadings
- The administrative and legal follow-up of your file
- Representation before the court
- The displacement of the lawyer to the court
** Please note that an additional fee of $100 + tx applies to add a request for a stay of execution of judgment to your motion for revocation of judgment.
**Note: In the event that your case is heard in a district other than Montreal, Laval or Longueuil, additional fees may apply for the travel of the lawyer.