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

In accordance with Article 56 of the Code of Civil Procedure, the documents on which a court action is based must be listed on a schedule attached to the writ of summons. This obligation is not subject to any sanction and does not constitute a substantive or mandatory public policy provision . The schedule must also be attached to the submissions (Art. 768, para. 1, and 954, para. 1, CPC).

The di …

Disclosure schedule

In accordance with Article 56 of the Code of Civil Procedure, the documents on which a court action is based must be listed on a schedule attached to the writ of summons. This obligation is not subject to any sanction and does not constitute a substantive or mandatory public policy provision . The schedule must also be attached to the submissions (Art. 768, para. 1, and 954, para. 1, CPC).

The disclosure of exhibits may be carried out on paper or electronically (using the virtual private network for lawyers (Réseau privé virtuel des avocats -RPVA) . The recipient must first expressly consent to the use of this mode of communication, unless special provisions require it (Art. 748-2 CPC) . In this regard, consent is deemed given when a legal assistant, assisting or representing a party, subscribes to an electronic communication network as defined by an order  issued pursuant to Article 748-6. If an exhibit cannot be transmitted electronically for reasons beyond the control of the person transmitting it, it must be prepared on paper and submitted to the court registry in accordance with the procedures of Article 769 of the Code of Civil Procedure  or sent by registered letter with acknowledgment of receipt. If this exhibit is an application or a notice of appeal, it must be submitted or sent to the registry in as many copies as there are recipients, plus two (Art. 850, II and 930-1, para. 2, CPC).

When a document has been originally created on paper, the court may require its production (Art. 748-4 CPC). Furthermore, the use of electronic communication does not prevent the interested party from requesting the issuance, on paper, of the copy of the judicial decision bearing the enforceable formula (Art. 748-5 CPC).

The disclosure of exhibits is validly evidenced by the signature of the receiving lawyer affixed to the list prepared by the lawyer making the disclosure (Art. 766, para. 2, CPC).

Cass. 2e civ., 3 April 2003, LawLex202200006620JBJ.

See Art. 840, I of the Code of Civil Procedure, specifying that, under penalty of inadmissibility raised ex officio, in matters of ordinary written procedure and fixed-date procedure, procedural documents are submitted to the Judicial Court electronically. The same applies to the procedure with mandatory representation before the Court of Appeal (Art. 930-1 of the Code of Civil Procedure).

Order of 20 May 2020 on electronic communication in civil matters before the Courts of Appeal, OJ of 21 May 2010.

“The filing with the court registry of a copy of a procedural document or an exhibit is evidenced by the mention of the filing date and the clerk's endorsement on both the copy and the original, which is immediately returned.”

1. Ordinary Law of Civil Procedure

114. Disclosure schedule

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

114. Disclosure schedule

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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