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 pre-trial judge has genuine judicial powers to ensure the proper conduct of proceedings during the investigation. According to Article 789, para. 1, of the Code of Civil Procedure, from the time of their appointment until their discharge , they alone have jurisdiction, to the exclusion of any other formation of the court, to:
- rule on procedural objections, applications made pursuant to Artic …

Judicial powers

The pre-trial judge has genuine judicial powers to ensure the proper conduct of proceedings during the investigation. According to Article 789, para. 1, of the Code of Civil Procedure, from the time of their appointment until their discharge , they alone have jurisdiction, to the exclusion of any other formation of the court, to:

- rule on procedural objections, applications made pursuant to Article 47, and incidents terminating the proceedings (Art. 789, para. 1, 1°, CPC) ;

- allocate an advance for the trial (Art. 789, para. 1, 2°, CPC) ;

- grant an advance to the creditor when the existence of the obligation is not seriously disputable; it may condition the enforcement of its decision on the provision of a guarantee under the conditions set out in Articles 514-5, 517, and 518 to 522 (Art. 789, para. 1, 3°, CPC) ;

- order any other provisional measures, even interim protective measures, except for protective seizures and provisional mortgages and pledges, as well as modify or supplement, in the event of a new fact, the measures that have already been ordered (Art. 789, para. 1, 4°, CPC);

- order, even ex officio, any investigative measure necessary for the resolution of the dispute (Art. 789, para. 1, 5°, CPC). It is up to the judge to assess the appropriateness of the measure requested, taking into account the circumstances of the case . Furthermore, the pre-trial judge ensures the control of the execution of the investigative measures he orders (Art. 796 CPC), as well as those ordered by the Judicial Court (Art. 807 CPC). In accordance with Article 797 of the same code, the proceedings continue under the diligence of the pre-trial judge as soon as the ordered investigative measure is executed;

- rule on the bars to proceedings (fins de non-recevoir) (Art. 789, para. 1, 6°, CPC).

Nevertheless, the appointment of the pre-trial judge in a proceeding does not prevent the referral to the interim relief judge to rule on a dispute when the subject matter of this dispute is different from that before the trial court .

Since the decree of 3 July 2024 , which came into force on 1 September 2024, the pre-trial judge may, when he considers that the complexity of the issue raised or the stage of the investigation justifies it, decide that the bar to proceedings will be examined at the end of the investigation by the judgment formation called to rule on the merits (Art. 789, para. 2, CPC). In this case, this decision, which constitutes a measure of judicial administration, is made by a simple note in the file and notice is given to the lawyers. The parties are then required to include the bar to proceedings in the submissions addressed to the judgment formation (Art. 789, para. 3, CPC).

The pre-trial judge also has the power to declare the termination of proceedings (Art. 787, Code of Civil Procedure), although their decision does not have the authority of res judicata on the merits . Furthermore, they rule on costs and applications made pursuant to Article 700 (Art. 790, Code of Civil Procedure).

The pre-trial judge is divested of authority at the opening of proceedings before the court without distinguishing the nature of the issue debated before it: Cass. 3e civ., 22 June 2005, LawLex202400009800JBJ.

Before the adoption of the decree of 3 July 2024, the parties were no longer admissible to raise these exceptions and incidents subsequently unless they occurred or were revealed after the court was divested, Cass. 2e civ., 10 November 2010, LawLex202300014091JBJ. Also see: Cass. com., 7 January 2014, LawLex202200006971JBJ: the pre-trial judge is solely competent to hear the stay of judgment, which constitutes a procedural objection; Cass. 2e civ., 31 January 2013, LawLex202200006963JBJ, holding that the application for invalidity of the expert assessment does not constitute a procedural objection that falls under the exclusive jurisdiction of the pre-trial judge.

Cass. 2e civ., 18 June 1986, LawLex202400009773JBJ.

Cass. 3e civ., 18 February 1987, LawLex202400009985JBJ; 24 February 1988, LawLex202400009986JBJ: the court that grants an advance to the creditor cannot, in violation of Article 789 of the Code of Civil Procedure, rule on the classification and admissibility of the action, as well as on the existence of a fault.

Cass. 3e civ., 9 October 1991, LawLex202400009774JBJ.

Cass. 2e civ., 16 January 2025, LawLex202500000570JBJ. See, however, Cass. 2e civ., 18 March 1998, LawLex202400009799JBJ, which excludes the possibility of resorting to interim relief from when the pre-trial judge is appointed; 12 June 2003, LawLex202400009801JBJ, which holds that if the lapse of proceedings (incident de péremption) has not been brought before the pre-trial advisor before their withdrawal, the formation of judgment has jurisdiction to rule.

Decree No 2024-673 of 3 July 2024, on various measures to simplify civil procedure and relating to regulated professions, OJ 0158 of 5 July 2024, Art. 5-1°.

Cass. 2e civ., 3 May 1990, LawLex202400009771JBJ.

2. Proceedings before the Judicial Court and the Commercial Court

55. Judicial powers

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55. Judicial powers

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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