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

Pursuant to Article R. 213-7 of the Code of Judicial Organization, the president of the Judicial Court appoints one or more pre-trial judges in accordance with the provisions of Article L. 121-3 (para. 1). When several judges are responsible for the preparation for trial in the same chamber, cases are allocated among them by the president of the chamber (para. 2).
The pre-trial judge, formerly ref …

Proceedings before the pre-trial judge

Pursuant to Article R. 213-7 of the Code of Judicial Organization, the president of the Judicial Court appoints one or more pre-trial judges in accordance with the provisions of Article L. 121-3 (para. 1). When several judges are responsible for the preparation for trial in the same chamber, cases are allocated among them by the president of the chamber (para. 2).

The pre-trial judge, formerly referred to as the judge responsible for overseeing the procedure (juge chargé de suivre la procédure) and then as the pre-trial judge (juge des mises en état)  can be defined as the judge responsible for overseeing the investigation of contentious civil cases brought before the Judicial Court, who, typically selected from among the judges of the chamber to which the case is assigned, is tasked with ensuring that all cases that cannot be judged immediately or upon first referral are prepared for trial and has significant powers for this purpose (...)." This is a judge from the chamber seized or to which the case has been assigned, responsible for ensuring the fair conduct of the procedure, particularly the timeliness of the exchange of submissions and the disclosure of exhibits (Art. 780, para. 1 and 2, Code of Civil Procedure).

The jurisdiction of the pre-trial judge is exercised from the time of their appointment until their discharge, marked by the opening of proceedings. Indeed, the pre-trial judge is discharged at the opening of proceedings before the court without the need to distinguish the nature of the issue debated before it . From the time of their appointment, the pre-trial judge has exclusive jurisdiction (Art. 789, para. 1, CPC), which prohibits the intervention of any other formation of the court , notably that of the interim relief judge .

The pre-trial judge is foramally seized through the submissions, which are specifically addressed to him or her, and are distinct from the submissions within the meaning of Article 768 , subject to the provisions of Article 1117 relating to applications for interim measures in the context of judicial divorce proceedings of which he is seized (Art. 791 CPC) .

Decree No 65-782 of 13 October 1965 amending certain provisions of the Code of Civil Procedure and relating to the preparation of cases for trial, Official Journal of 14 October 1965.

Cass. 3e civ., 22 June 2005, LawLex202400009800JBJ.

Cass. 2e civ., 18 June 1986, LawLex202400009773JBJ; 12 June 2003, LawLex202400009801JBJ, considering that if an issue of procedural lapse has not been brought before the pre-trial judge before his or her withdrawal, the trial court has jurisdiction to rule on the matter.

Cass. 2e civ., 11 January 1995, LawLex202400009798JBJ, which holds that the judge for interim relief is competent as long as the application was submitted before the appointment of the pre-trial judge ; 18 March 1998, LawLex202400009799JBJ, which specifies that once the pre-trial judge is appointed, interim relief is no longer possible.

In other words, those that determine the subject matter of the dispute or raise an issue likely to terminate the proceedings.

Cass. 2e civ., 12 May 2016, LawLex202400009776JBJ

2. Proceedings before the Judicial Court and the Commercial Court

52. Proceedings before the pre-trial judge

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52. Proceedings before the pre-trial judge

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