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

The written procedure before the Judicial Court is governed by Articles 775 to 816 of the Code of Civil Procedure. According to Article 775, the procedure before the Judicial Court is written, unless otherwise provided, meaning whenever the instruction of counsel to defend is mandatory.

This procedure is not limited to contentious matters nor to the full bench. The Code of Civil Procedure also provides specific rules for written procedure in non-contentious matters (Art. 808 to 811 CPC) or when the case is assigned to a single judge (Art. 812 to 816 CPC).

45. Written procedure