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

Under Article 210 of the Code of Civil Procedure, witnesses state their names, first names, dates and places of birth, residences, and professions, as well as, if applicable, their relationship by blood or marriage with the parties, subordination to them, collaboration, or community of interest with them. They take an oath to tell the truth, and the court reminds them that they face fines and impr …

Content

Under Article 210 of the Code of Civil Procedure, witnesses state their names, first names, dates and places of birth, residences, and professions, as well as, if applicable, their relationship by blood or marriage with the parties, subordination to them, collaboration, or community of interest with them. They take an oath to tell the truth, and the court reminds them that they face fines and imprisonment for perjury (Art. 211, para. 1, CPC). Article 211, paragraph 2, specifies that persons heard without taking an oath are informed of their obligation to tell the truth.

During the investigation, witnesses are regulated as they cannot read any draft (Art. 212 Code of Civil Procedure) and, unless they have been allowed or ordered to withdraw after giving their testimony, they remain at the court's disposal until the closure of the investigation or proceedings (Art. 216, para. 1, Code of Civil Procedure). In doing so, they have the possibility, with the judge's authorization, to claim allowances (Art. 221 Code of Civil Procedure). The judge, for his part, has a number of powers. He hears the witnesses in their testimony separately and in the order he determines and in the presence of the parties or with them summoned (Art. 208, para. 1 and 2, Code of Civil Procedure). If circumstances require, he may invite a party to withdraw, subject to the right for that party to immediately know the statements of the witnesses heard in their absence (Art. 208, para. 3, Code of Civil Procedure). Furthermore, if there is a risk of evidence deterioration, he may proceed without delay to hear a witness after having, if possible, summoned the parties (Art. 208, para. 4, Code of Civil Procedure). The judge may hear or question witnesses on all facts whose proof is admitted by law, even if these facts are not indicated in the decision ordering the investigation (Art. 213 Code of Civil Procedure). Moreover, he asks, if he deems it necessary, the questions that the parties submit to him after the witness's interrogation (Art. 214, para. 2, Code of Civil Procedure) and he may hear the witnesses again, confront them with each other or with the parties; if necessary, he conducts the hearing in the presence of a specialist (Art. 215 Code of Civil Procedure). He may also, ex officio or at the request of the parties, summon or hear any person whose testimony seems useful for the establishment of the truth (Art. 218 Code of Civil Procedure). Finally, the parties must neither interrupt nor address nor seek to influence the witnesses who testify, nor address them directly, under penalty of exclusion (Art. 214, para. 1, Code of Civil Procedure).

1. Ordinary Law of Civil Procedure

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Les notions juridiques connexes

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