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

It follows from Article 306 of the Code of Civil Procedure that before the Judicial Court or the Court of Appeal, the claim of forgery must be filed by a document submitted to the court registry by the party or its representative with a special power . This document, prepared in duplicate, must, on pain of inadmissibility, precisely set out the grounds the party relies on to establish the forgery. …

Regime

It follows from Article 306 of the Code of Civil Procedure that before the Judicial Court or the Court of Appeal, the claim of forgery must be filed by a document submitted to the court registry by the party or its representative with a special power . This document, prepared in duplicate, must, on pain of inadmissibility, precisely set out the grounds the party relies on to establish the forgery. One copy must be immediately filed in the case file, and the other, dated and endorsed by the clerk, must be returned to the party for notification of the claim to the defendant. The latter must be done by notification between lawyers or service to the opposing party within one month of the filing.

The court is required to rule on the forgery, unless it can decide without considering the document alleged to be forged . If this document relates only to one of the claims, a decision can be made on the others (Art. 307 Code of Civil Procedure). Furthermore, it is up to the court to admit or reject the disputed document based on the elements at its disposal. If necessary, it orders all necessary investigative measures regarding the forgery, and proceedings are conducted as in the verification of writing (Art. 308 Code of Civil Procedure). The accuracy of the disputed authentic instruments must be assessed in consideration of their reality and not their impact on the validity of the procedure in question .

The court is called upon to rule based on the arguments presented by the parties or those it may raise ex officio (309 CPC). In accordance with Article 310 of the Code of Civil Procedure, the judgment declaring the forgery must be noted in the margin of the document recognized as forged. It must also specify whether the originals of the authentic instruments will be restored to the depository from which they were extracted or kept at the court registry. Execution of these provisions is stayed until the judgment has the authority of res judicata, or until the acquiescence of the condemned party. In the event of renunciation or settlement regarding the registration of forgery, the Public Prosecutor's Office may request all measures necessary to reserve the right to initiate criminal proceedings (Art. 311 CPC). Finally, if criminal proceedings are initiated against the authors or accomplices of the forgery, the civil judgment is stayed until the criminal case is decided, unless the main issue can be judged without considering the document alleged to be forged or if there has been renunciation or settlement regarding the forgery (Art. 312 CPC).

Cass. 2e civ., 13 July 1999, LawLex202300006174JBJ, specifying that this power must accompany the declaration of forgery on pain of inadmissibility that cannot be remedied; Cass. 1re civ., 12 June 2013, LawLex202300006577JBJ.

CPC, Art. 307; Cass. 2e civ., 25 May 2000, LawLex202300006139JBJ.

Cass. 1re civ., 25 February 2016, LawLex202300005981JBJ.

1. Ordinary Law of Civil Procedure

179. Regime

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179. Regime

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