Introduction

Role of the parties

Role of judge

Contentious matters

Concept

Powers of the judge

Principle of adversarial proceedings

Non-contentious matters

Underlying principles of civil proceedings

Right to bring civil action

Abuse of the right to bring proceedings

Type of action

Concept of action

Interest in bringing proceedings

Standing

Rules governing action

Legal action

Initial claim

Counterclaim

Additional claim

Intervention

Incidental claim

Interruption of limitation period

Application to file suit (demande en justice)

Defense on the merits

Procedural objections (exceptions de procédure)

Procedural bars to admissibility (fins de non-recevoir)

Defenses

Nature of claim

Amount of the claim

Jurisdiction ratione materiae

Principles

Exceptional territorial jurisdiction

Extension of jurisdiction

Territorial jurisdiction

Competent court

Formal requirements

Substantive requirements

Presentation of the QPC (Question prioritaire de constitutionnalité)

Referral to Court of Cassation

Referral to Constitutional Council

Referral of the QPC

Investigation procedure

Conduct of hearing

Decision of the Constitutional Council

Proceedings before Constitutional Council

Priority question of constitutionality (QPC)

Simplified case preparation procedure

Participative procedure for case preparation purposes

Extra-judicial case preparation

Recourse to technical expert

Agreements on extra-judicial case preparation (mise en état)

Disclosure of exhibits

Production of documents

Exhibits

Common provisions for investigations

Rules specific to each investigation

Investigative measures

Disputes concerning private deeds (actes sous seing privé)

Forgery procedure against authentic instruments

Challenges to documentary evidence

Oath sworn as decisive evidence

Oath tendered by way of supplementation

Judicial oath

Administration of evidence

Hearings

Deliberations

Judgment

Formation

Judgment after adversarial proceedings

Judgment by default or judgment after trial

Contentious or non-contentious judgment

Judgment on the merits or provisional ruling (avant dire droit)

Combined judgment

Provisional judgment

Judgment in fast track proceedings

Types

Joinder and severance of proceedings

Interruption of proceedings

Suspension of proceedings

Discontinuance of proceedings (extinction)

Procedural incidents

Plea of lack of jurisdiction

Recusal/Dismissal for legitimate suspicion

Challenging the judge's competence

General rules

Voluntary intervention

Compulsory intervention

Joinder in proceedings (intervention)

Existence of a judgment

Same subject matter, cause, and parties

Authority of res judicata

General conditions of enforcement

Provisional enforcement

Grace period

Enforcement of the judgment

Bearing of costs

Order to pay non-recoverable costs

Verification/Recovery

Claims/Disputes

Costs and expenses

Ordinary remedies

Extraordinary remedies

Remedies

Judgments

Calculation of time-limits

Acts of judicial commissioners

Service of documents

Ordinary notification

Notification between lawyers

International notification

Place of notification

Notification

Communication by electronic means

Procedural acts

1. Ordinary Law of Civil Procedure

Pursuant to Article 1, para. 1, of the internal regulations on the procedure followed before the Constitutional Council for priority preliminary rulings on the issue of constitutionality dated 4 February 2010 , the decision of the Court of Cassation that refers a priority preliminary ruling on the issue of constitutionality to the Constitutional Council is recorded at the general secretariat of th …

Referral to the Council

Pursuant to Article 1, para. 1, of the internal regulations on the procedure followed before the Constitutional Council for priority preliminary rulings on the issue of constitutionality dated 4 February 2010 , the decision of the Court of Cassation that refers a priority preliminary ruling on the issue of constitutionality to the Constitutional Council is recorded at the general secretariat of the latter. It notifies the parties to the proceedings or, where applicable, their representatives, as well as the President of the Republic, the Prime Minister, the presidents of the National Assembly and the Senate, and, if applicable, the president of the Government of New Caledonia, the president of the congress, and the presidents of the provincial assemblies (Art. 1, para. 1 and 2, Int. Reg.). Throughout the procedure, the performance of any act and the receipt of any document and exhibit will be recorded in the register of the general secretariat of the Constitutional Council (Art. 2 Int. Reg.).

Furthermore, any member of the Constitutional Council who believes they should abstain from sitting informs the president (Art. 4, para. 1, Internal Reg.). Additionally, a party or its representative with a special power for this purpose may request the recusal of a member of the Constitutional Council through a specially reasoned written request accompanied by the relevant documents to justify it (Art. 4, para. 2). However, this request is admissible only if it is registered with the general secretariat before the date set for the receipt of the first observations. It is communicated to the concerned member of the Constitutional Council, who will indicate whether they acquiesce to the recusal, and if not, the request will be examined without their participation (Art. 4, para. 3). However, the mere fact that a member of the Constitutional Council participated in the drafting of the legislative provision that is the subject of the question of constitutionality does not in itself constitute grounds for recusal (Art. 4, para. 4).

Cons. const., No 2010-117 ORGA of 10 February 2010, JO of 18 February 2010.

1. Ordinary Law of Civil Procedure

107. Referral to the Council

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Les notions juridiques connexes

107. Referral to the Council

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Les notions juridiques connexes

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