Understanding the Application for Revocation of Judgment and Stay of Execution (Form SJ-721A)
The Application for Revocation of Judgment and Stay of Execution (form SJ-721A) is an official document issued by the Ministère de la Justice in Québec. It is designed for individuals who have been convicted by default of an offence under Québec penal law and wish to request the court to cancel their judgment or to obtain a stay of its execution. This form plays a crucial role in ensuring that individuals who could not present their defence due to circumstances beyond their control can seek legal recourse.
Who Should Use This Form?
This form is intended for persons who have been convicted by default of an offence and believe they were prevented from presenting their defence. Such situations may include failure to respond to a statement of offence within the required time or failure to appear in court for a trial. If you find yourself in this situation, you may consider submitting this application to request:
- The cancellation of your default judgment;
- A stay of the proceedings related to the judgment’s enforcement.
It is important to note that the application is not automatically granted; the court will review your reasons and circumstances before making a decision.
How to Fill Out the Form
Preparation and Format
The form SJ-721A is available in a dynamic PDF format, which can be completed electronically and printed on standard letter-sized paper (8.5 x 11 inches). If you choose to fill out the form by hand, ensure your handwriting is clear and legible, using block letters to avoid any misinterpretation.
Key Sections to Complete
- Heading: Include your personal details, such as your full name, date of birth, and social insurance number.
- Facts: Clearly state the circumstances that prevented you from presenting your defence, including dates, locations, and relevant details.
- Conclusions: Specify whether you are requesting the revocation of the judgment, a stay of execution, or both.
- Decision: Indicate the outcome you are seeking from the court.
- Sworn Statement: You must swear or affirm that the information provided is accurate, which must be done before a commissioner for oaths or authorized person.
- Prior Notice: Contact the courthouse to obtain information needed for this section, which involves notifying the prosecutor of your application at least five days before the court hearing.
Filing and Service Procedures
After completing the form, make sure to keep a copy for your records. The application must be filed at the courthouse where the original judgment was rendered or where the proceedings took place. You can submit your application either in person or through the Gouvernement Numérique du Québec (GNJQ) digital platform, accessible via the Ministère de la Justice website.
Supporting documents, such as proof of service to the prosecutor and any relevant evidence, must accompany your application. It is essential to serve the application on the prosecutor at least five clear days before your court date. Service methods that provide proof of delivery include registered mail or a bailiff.
Important Deadlines and Fees
The application must be filed within 15 days of learning of the judgment. If you submit your application later, you must explain the reasons for the delay in the relevant section of the form.
Filing fees are payable upon submission. The court clerk will inform you of the exact amount, which can be paid via cash, postal money order, credit or debit card, or certified cheque made out to the Minister of Finance.
Fill in your form directly online
No printing: type your details into the boxes of the official form, tick, then download the PDF ready to send.
- 1Type into the form boxes
- 2Tick in one click
- 3Save and download the PDF
What Happens Next?
If the court grants your application for revocation, the judgment will be canceled, and your case will be reopened, allowing you to present your defence. Should the judge approve your request for a stay of execution, the enforcement proceedings will be temporarily halted, providing you with additional time or relief.
It is advisable to consult with a legal professional or the courthouse for guidance throughout this process to ensure compliance with all procedural requirements.