Introduction

Subject-matter jurisdiction

Territorial jurisdiction

Extensions of jurisdiction

Jurisdiction

Initiation of the proceedings

Instructing counsel

Submissions

Registry

Rules common to all procedures

Ordinary contentious procedure

Non-contentious proceedings

Single-judge procedure

Fixed-date procedure

Written procedure

Ordinary procedure

Interim relief proceedings

Expedited trial on the merits

Oral proceedings

Ex parte proceedings (sur requête)

Referral procedure by decision of the criminal court

Specific procedures

Proceedings before the Judicial Court

Initiation of proceedings

Proceedings

General procedure

Interim orders

Orders on ex parte application

Expedited proceedings on the merits

Powers of the President

Proceedings before the Commercial Court

Proceedings before the Judicial Court and the Commercial Court

2. Proceedings before the Judicial Court and the Commercial Court

When the parties are exempt from instructing counsel in accordance with the provisions of Article 761 of the Code of Civil Procedure, the procedure is oral, subject to specific provisions applicable to the matters concerned (Art. 817 CPC). The procedure is oral before the Judicial Court for most disputes that were previously assigned to the District Court. An attempt at conciliation may be implemented beforehand. During the ordinary oral procedure, the parties defend themselves but may be assisted or represented. The oral nature of the procedure does not preclude a procedure without a hearing, provided the parties agree.

Orality is also required before the Judicial Court for expedited procedures such as interim proceedings (Art. 834 to 838 CPC) or expedited procedure on the merits (Art. 839 CPC).

Oral procedure

68. Oral procedure