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

Since the entry into force of Decree No 2019-1333 of 11 December 2019 on 1 January 2020, the parties may, at any time during the proceedings, expressly agree for the proceedings to take place without a hearing in accordance with the provisions of Article L. 212-5-1 of the Code of Judicial Organization (Art. 828, para. 1, CPC). In this case, the parties present their claims and arguments in writing. The judgment is adversarial (Art. 828, para. 2, CPC). However, the court may decide to hold a hearing if it considers that it is not possible to render a decision based on the written evidence or if one of the parties requests it (Art. 828, para. 3, CPC).

Since the parties may give their consent at any time during the proceedings, they can express this consent during the course of the proceedings. In such a case, the declaration by which each party consents to the proceedings without a hearing is submitted or sent to the court registry and must, on pain of invalidity, include, if it is a natural person, the indication of their name, first names, profession, domicile, nationality, date and place of birth, and, if it is a legal entity, the indication of their form, name, registered office, and the body that legally represents them (Art. 829, para. 1, Code of Civil Procedure). Whether the person is natural or legal, their declaration must be written, dated, and signed by the author, and they must attach, in original or photocopy, any official document proving their identity and containing their signature (Art. 829, para. 3, Code of Civil Procedure).

Finally, if conciliation is not achieved at the hearing, the case must be immediately judged or, if it is not ready to be judged, postponed to a later hearing. In this case, the court clerk must notify by any means the parties who have not been verbally informed of the hearing date (Art. 830 CPC).

Proceedings without a hearing

77. Proceedings without a hearing