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

To fulfill the mission of overseeing the preparation of cases assigned to it by the president and ensuring the fair conduct of proceedings, particularly the timely exchange of submissions and disclosure of exhibits (Art. 780, paras. 1 and 2, CPC), the pre-trial judge has numerous powers.
First, he or she may hear the lawyers and make any useful communications to them (Art. 780, para. 3 CPC) and, i …

General mandate

To fulfill the mission of overseeing the preparation of cases assigned to it by the president and ensuring the fair conduct of proceedings, particularly the timely exchange of submissions and disclosure of exhibits (Art. 780, paras. 1 and 2, CPC), the pre-trial judge has numerous powers.

First, he or she may hear the lawyers and make any useful communications to them (Art. 780, para. 3 CPC) and, if necessary, issue them with orders (Art. 780, para. 3, CPC). He or she may also invite them to respond to arguments they have not addressed, provide the necessary factual and legal explanations for resolving the dispute, and, if applicable, align their pleadings with the provisions of Article 768 of the Code of Civil Procedure. He may also request the original of the exhibits submitted in the proceedings or ask for a copy to be provided (Art. 782 CPC).

The pre-trial judge hears the parties, even ex officio, provided that their hearing is adversarial, unless one of them, duly summoned, does not appear (Art. 784 CP). He may also invite the parties to involve all interested parties whose presence seems necessary for the resolution of the dispute (Art. 786 CPC).

In the interest of speed and effective dispute resolution, the court may record the conciliation, even partial, of the parties and approve, at their request, the agreement they submit to it (Art. 785, para. 1 and 3, CPC). It may also appoint a mediator with the parties' consent (Art. 785, para. 2, CPC) and decide that they will be summoned to an amicable settlement hearing, according to the procedures provided in Articles 774-1 to 774-4 (Art. 785, para. 4, CPC).

Under Article 788, the pre-trial judge “exercises all necessary powers for the disclosure, obtaining, and production of exhibits.” However, according to the Court of Cassation, regarding the compulsory production of exhibits, the judge only has a discretion, the exercise of which is at their discretion . It is therefore up to the parties to produce their evidence. A party that refrains from presenting a document cannot blame the judge for not ordering its production . However, while the judge can always invite a party to provide elements likely to enlighten them , the pre-trial judge does not have the power to exclude from the proceedings the exhibits regularly produced by the parties .

Finally, the pre-trial judge is also responqible for the joinder or severance of proceedings (Art. 783 CPC).

Cass. 1re civ., 4 December 1973, LawLex202200005467JBJ; Cass. 2e civ., 10 February 1977, LawLex202200005511JBJ; 14 November 1979, LawLex202400009772JBJ; 16 October 2003, LawLex202200005515JBJ.

Cass. 2e civ., 22 January 1976, LawLex202300001426JBJ.

Cass. 2e civ., 12 October 2006, LawLex202200005513JBJ.

Cass. 2e civ., 25 March 2021, LawLex202300014694JBJ.

2. Proceedings before the Judicial Court and the Commercial Court

53. General mandate

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

53. General mandate

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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