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

Requests for the production of evidence held by the parties are made, and their production takes place, in accordance with the provisions of Articles 138 and 139 of the Code of Civil Procedure relating to obtaining documents held by a third party (Art. 142 CPC). It follows that a party may, during proceedings, request the court to order the production of a document held by a party. The request is  …

Principle

Requests for the production of evidence held by the parties are made, and their production takes place, in accordance with the provisions of Articles 138 and 139 of the Code of Civil Procedure relating to obtaining documents held by a third party (Art. 142 CPC). It follows that a party may, during proceedings, request the court to order the production of a document held by a party. The request is not subject to any particular formality. The court, if it deems the request justified, orders the production of the document, in original, copy, or extract as the case may be, under the conditions and with the guarantees it sets, if necessary under penalty of a penalty payment.

Although Article 142 does not refer to the provisions of Article 141, under which, in case of difficulty, or if some legitimate impediment is invoked, the court that ordered the delivery or production may, upon an informal request made to it, retract or modify its decision, the Court of Cassation considers that the party to the proceedings may nevertheless invoke such an impediment, notably banking secrecy .

Cass. soc., 27 January 1999, LawLex202300001303JBJ, affirming that the power of the civil court to order the production of evidence held by the parties is limited by the existence of a legitimate impediment, which is characterized by the presence of banking secrecy; contra, Cass. com., 24 May 2018, LawLex202300003171JBJ, affirming that banking secrecy does not necessarily constitute a legitimate impediment within the meaning of Article 11 of the Code of Civil Procedure when the request for disclosure of documents is directed against the credit institution not in its capacity as a confidential third party but as a party to the proceedings brought against it to investigate its potential liability in the execution of the contested transaction.

1. Ordinary Law of Civil Procedure

121. Principle

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121. Principle

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Les notions juridiques connexes

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