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

In order to promote an amicable resolution of civil proceedings, Decree No 2023-686 of 29 July 2023 adopted a series of texts allowing for its partial closure (césure). In accordance with Article 6 of the decree, these provisions apply to proceedings initiated from 1 November 2023. According to Article 807-1, paragraph 1, of the Code of Civil Procedure, “at any time, all parties represented may request the pre-trial judge to partially close the investigation.” In other words, the initiative for the partial closure of the investigation in civil proceedings before the Judicial Court belongs to the parties and not the judge. To do so, they must submit, in support of their request, a document countersigned by lawyers that specifies the claims for which they seek a partial judgment (Art. 807-1, para. 2, CPC). However, the judge is not obliged to order the partial bifurcation. If the judge decides to grant it, they order the partial closure of the investigation and refer the case to the court to rule on the merits of the claims determined by the parties, with the document countersigned by lawyers annexed to the order (Art. 807-1, para. 3, CPC). Article 807-1, paragraph 4, specifies that “the date of the partial closure must be as close as possible to that set for the pleadings.”

The partial closure of proceedings results, on the one hand, in the implementation of Articles 798, 799, paras. 2 to 4, as well as Articles 802 to 807 of the same code (Art. 807-1, para. 4, CPC). In other words, the rules governing the pronouncement of the closure of the investigation and its consequences are applicable. However, Article 807-3 of the same code specifies that “the closure of the investigation provided for in the first paragraph of Article 799 cannot occur before the expiration of the appeal period against the partial judgment or, when an appeal has been lodged, before the decision ruling on this appeal is pronounced.” On the other hand, the bifurcation of proceedings results in the fact that “the partial judgment decides in its operative part only the claims that are the subject of the partial closure provided for in Article 807-1” (Art. 807-2, para. 1, CPC). Finally, Article 807-2, para. 2, of the same code states that “the court may order provisional enforcement, under the conditions of Articles 515 to 517-4.”

Partial closure for ruling

63. Partial closure for ruling