Calling of the roll

When you file or receive a written application, you generally have to participate in a hearing to get a judgment from the court.

Since multiple people can request a hearing on the same day, hearings are usually preceded by a roll call of cases to be dealt with that day. This is called “the calling of the roll”.

At the calling of the roll, cases are called one after the other and each participant has to answer a few questions asked by the judge or the special clerk* to determine the order in which applications will be heard.

*The special clerk is a courthouse employee who has the power to make certain decisions instead of the judge.

Not all written applications filed at the courthouse go through the calling of the roll. It all depends on the type of application and the courthouse where it is filed.

If a document entitled "Notice of Presentation" is included with the documents attached with the written application to court, you must take part in the calling of the roll.

Here are a few examples of applications which may require you to take part in the calling of the roll:

• An "application for a safeguard order" such as an urgent application for child support,
• A "request for case management," also called a "notice of case management," such as a request to force someone to send financial documents to another person,
• A request to turn an out-of-court settlement into a judgment,
• A request to set a final hearing date.

This information can be found in the “Notice of Presentation” attached to the written application to be presented.

The calling of the roll usually takes place remotely (by telephone or videoconference). In some cases, it might take place in person at the courthouse or be replaced by a form you must complete and send to the court.

Depending on the courthouse dealing with the application, the calling of the roll can take place the same day the application is presented, the day before, or a few days before.

Follow the instructions in the Notice of Presentation

If the calling of the roll takes place over the telephone or by videoconference, you’ll find the telephone number to join the conference call or the information needed to log in to the virtual courtroom in your Notice of Presentation.

Once you log in, wait your turn. When your name is called, introduce yourself with your full name and state whether you’re the plaintiff or the defendant.

How to prepare for a virtual hearing - french only (Superior Court of Quebec)

Courtroom hearings held in virtual rooms (Gouvernement du Québec)

In-person calling of the roll

If you have to go to the courthouse to take part in the calling of the roll, check your Notice of Presentation to find out how to proceed.

You can also ask the courthouse staff, such as the person behind the reception desk at the courthouse or the court clerk in the room where the roll is called.

Explain the nature of the application

Once you and your ex (or his or her lawyer) have introduced yourselves, the person who filed the application with the court will have to explain what he or she is seeking. This could be, for example:

• to be heard by a judge so that a judgment on support be rendered,
• to be heard by a judge so that a judgment on child custody or parenting time be rendered,
• turn your out-of-court settlement into a judgment,
• to set a date for the final hearing.

The person who received the application will be able to state whether he or she is contesting it and whether he or he wants to make a separate application.

Don't know what to ask for?

If you need more time to formulate your application, you can ask to "put the case at the end of the roll.” Some lawyers may also use the expression “suspend.”

The judge or the special clerk will then move on to the next case on the list and you’ll go back after all the other cases have been called.

Answer questions from the judge or the special clerk

The special clerk or the judge will probably ask you some questions. For example, if you and your ex can't reach an agreement, you’ll be asked to specify how much time you'll need to present your arguments before a judge.

Once you’ve answered all of the judge or special clerk’s questions, he or she will give you information about your next steps.

For example, you may be asked to:

• return before the same judge or special clerk after the calling of the roll so that he or she can rule on your application,
• go to another room so that a judge can hear your application,
• come back another day so that a judge can hear your application.

Listen carefully to the instructions and don’t hesitate to ask questions if the information isn’t clear.