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 724, para. 1, of the Code of Civil Procedure, the decision regarding the remuneration of the recorder, consultant, or expert issued by a judge of a court of first instance or the Court of Appeal may be appealed before the first president of the Court of Appeal under the conditions provided for in Articles 714, para. 2, and 715 to 718 of the same code, and if it is issued by the …

Appeal against the decision regarding remuneration

Pursuant to Article 724, para. 1, of the Code of Civil Procedure, the decision regarding the remuneration of the recorder, consultant, or expert issued by a judge of a court of first instance or the Court of Appeal may be appealed before the first president of the Court of Appeal under the conditions provided for in Articles 714, para. 2, and 715 to 718 of the same code, and if it is issued by the first president of the Court of Appeal, it may be modified under the same conditions by the latter. The remuneration of the technician in this case falls under his sovereign power of assessment . The first president, seized pursuant to Article 724, is required to rule on the merits even if he declares invalid  the order of the judge in charge of the control of expert assessments .

The Second Civil Chamber of the Court of Cassation specifies that the appeal provided for by Article 724 does not need to be directed against a party that is no longer liable to be ordered to bear expert fees, as costs whose burden has been definitively determined .

Pursuant to Article 724, para. 2, “the time limit runs, for each party, from the day of notification made to them by the specialist” . Para. 3 specifies that the appeal and the time limit for exercising it are not suspensive of enforcement and that it must, on pain of inadmissibility, be directed against all parties and against the specialist if not filed by the latter. It follows from the combination of Articles 715 and 724 that, on pain of inadmissibility of the appeal filed against the order on costs setting the remuneration of a specialist, a copy of the note stating the reasons must be sent to all parties . Moreover, as this appeal introduces proceedings without mandatory representation, the said note must be sent to the parties themselves and not to the lawyers who may have represented and assisted them in the main dispute . However, this ground, mixed with fact and law, cannot be raised for the first time before the Court of Cassation .

Cass. 2e civ., 5 April 1991, LawLex202300011329JBJ.

Cass. 2e civ., 5 April 2007, LawLex202300001572JBJ.

Cass. 2e civ., 28 September 2000, LawLex202300011319JBJ.

Cass. 2e civ., 26 March 2015, LawLex202300011322JBJ.

Cass. 2e civ., 8 July 1981, LawLex202300011330JBJ.

Cass. 2e civ., 20 October 2005, LawLex202300011318JBJ.

1. Ordinary Law of Civil Procedure

256. Appeal against the decision regarding remuneration

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256. Appeal against the decision regarding remuneration

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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