Can you subpoena someone by mail quebec

In Quebec, Canada, the process of subpoenaing someone by mail is governed by the Quebec Civil Code and the Code of Civil Procedure. Here are the general steps and requirements:

  1. Obtain a subpoena: You must first obtain a subpoena from the court. You can do this by filing a motion with the court and providing the necessary information and evidence to support the subpoena.
  2. Identify the person to be subpoenaed: You must identify the person you want to subpoena and provide their correct address. If the person is a corporation, you must identify the corporation and its authorized representative.
  3. Specify the purpose of the subpoena: You must specify the purpose of the subpoena, which is to obtain evidence or testimony in a legal proceeding.
  4. Provide sufficient notice: You must provide the person with sufficient notice of the subpoena, which is typically 10 to 15 days before the date of the subpoena. This notice must be sent by registered mail with return receipt requested.
  5. Include the necessary information: The subpoena must include the following information:
    • The name and address of the person being subpoenaed
    • The name and address of the court
    • The date and time of the subpoena
    • The purpose of the subpoena
    • The name and address of the party issuing the subpoena
    • A statement indicating that the person being subpoenaed must appear before the court on the specified date and time
  6. Serve the subpoena: Once the subpoena is prepared, you must serve it on the person being subpoenaed. This can be done by:
    • Registered mail with return receipt requested
    • Personal service by a process server or a sheriff
    • Courier service with a signed receipt
  7. File the proof of service: After serving the subpoena, you must file the proof of service with the court. This is typically done by providing a sworn affidavit or a certificate of service.

It's important to note that the subpoena must be served in accordance with the rules of the court and the Civil Code of Quebec. Failure to comply with these rules may result in the subpoena being deemed invalid.

In Quebec, the cost of serving a subpoena by mail is typically borne by the party issuing the subpoena. However, if the subpoena is served by a process server or a sheriff, the party may need to pay a fee for the service.

It's recommended that you consult with a lawyer or a legal professional to ensure that you comply with the requirements for serving a subpoena in Quebec.