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

Article 792, para. 1, of the Code of Civil Procedure states that “the measures taken by the pre-trial judge are simply noted in the file, and notice is given to the lawyers.” However, the judge must issue a reasoned order in the cases provided for in Articles 787 to 790, such as procedural objections, incidents terminating the proceedings, or bars to proceedings, subject to specific provisions rel …

Decisions rendered by pre-trial judge

Article 792, para. 1, of the Code of Civil Procedure states that “the measures taken by the pre-trial judge are simply noted in the file, and notice is given to the lawyers.” However, the judge must issue a reasoned order in the cases provided for in Articles 787 to 790, such as procedural objections, incidents terminating the proceedings, or bars to proceedings, subject to specific provisions relating to investigative measures (Art. 792, para. 2, CPC). Similarly, a reasoned order, not subject to appeal, is required when the judge refuses a request for closure of the investigation submitted by a party (Art. 800 CPC) or when the judge decides ex officio, after informing the lawyers, to remove a case from the docket due to inaction within the allotted time (Art. 801 CPC).

Orders of the pre-trial judge are issued immediately, if necessary, after hearing or summoning the lawyers. In case of urgency, a party may summon the other, by notification between lawyers, to a hearing set by the judge (Art. 797 CPC). They are, in principle, devoid of the authority of res judicata on the merits, except when they rule on procedural objections, on bars to proceedings, or decide on incidents terminating the proceedings (Art. 794 CPC). The Court of Cassation has thus specified that orders of the pre-trial judge ruling on a procedural objection, whether or not they terminate the proceedings, have the authority of res judicata. It has also considered that orders of the pre-trial judge ruling on an incident likely to terminate the proceedings, even when they do not terminate the proceedings, may be appealed independently of the judgment on the merits. Decisions of the pre-trial judge devoid of the authority of res judicata are affected by the peremption of the proceedings during which they were issued.

Orders of the pre-trial judge are not subject to opposition  and can only be appealed or subject to an appeal to the Court of Cassation with the judgment on the merits (Art. 795 CPC) . However, the text provides that they are subject to immediate appeal in the cases and conditions provided for in matters of expert assessment or stay of judgment , that is, with the authorization of the first president of the Court of Appeal, if a serious and legitimate reason is justified (Art. 272 and 380 CPC) ; as well as within fifteen days from their service, when:

- they rule on an objection to jurisdiction , an objection of connection, an objection of lis pendens, or a dilatory objection;

- by ruling on an exception of invalidity , a bar to proceedings, or an incident in the proceedings, they terminate the proceedings;

- they relate to interim measures ordered in matters of divorce or legal separation;

- in cases where the amount of the claim exceeds the appellate jurisdiction threshold, when they relate to the advances that may be granted to the creditor if the existence of the obligation is not seriously disputable.

Finally, the Court of Cassation specifies that a party is admissible to file an appeal exclusively against an order not subject to immediate appeal issued by a pre-trial judge when another party has appealed the judgment on the merits in the same proceedings, with both appeals to be heard jointly .

They were also not subject to opposition when this remedy, abolished since 1 September 2017 by the decree of 6 May 2017 (Decree No 2017-891 of 6 May 2017 relating to objections to jurisdiction and appeals in civil matters, OJ 0109 of 10 May 2017), was still in force.

Cass. 1re civ., 11 June 1981, LawLex202400009946JBJ; Cass. 2e civ., 7 February 1985, LawLex202400009948JBJ; 31 May 1985, LawLex202400009955JBJ; 17 January 1990, LawLex202400009949JBJ; Cass. 1re civ., 27 October 1992, LawLex202400009951JBJ; Cass. ass. plén., 5 December 1997, LawLex202400009952JBJ.

Cass. 2e civ., 25 June 2015, LawLex202300014012JBJ: since the application for a stay of judgment constitutes a procedural objection, an immediate appeal may, pursuant to Article 795 (former Article 776) of the Code of Civil Procedure, be lodged against the order of a pre-trial judge who has ruled on such an application, provided that the first president of the court of appeal has given authorization; 10 December 2020, LawLex202300010500JBJ: while the decision ordering a stay of judgment may be appealed with the authorization of the first president and the judge who ordered this stay, who remains seized, may either ex officio or at the request of a party, revoke it or shorten its duration, the same does not apply to the decision rejecting the application for revocation of this stay.

Cass. 2e civ., 25 June 2015, LawLex202300014012JBJ; 10 December 2020, LawLex202300010500JBJ.

Cass. 2e civ., 26 September 2013, LawLex202300014010JBJ.

Cass. 2e civ., 14 May 2009, LawLex202400000712JBJ.

Cass. 2e civ., 15 March 2012, LawLex202300014011JBJ.

2. Proceedings before the Judicial Court and the Commercial Court

56. Decisions rendered by pre-trial judge

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56. Decisions rendered by pre-trial judge

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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