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

Several consequences arise from the closure of the investigation before the Judicial Court. First, according to Article 799, para. 5, of the Code of Civil Procedure, “the pre-trial judge remains seized until the opening of proceedings or until the date set for the filing of lawyers' files.” Thus, he remains solely competent to rule on procedural objections until his discharge 
Article 802, para. 1 …

Effects

Several consequences arise from the closure of the investigation before the Judicial Court. First, according to Article 799, para. 5, of the Code of Civil Procedure, “the pre-trial judge remains seized until the opening of proceedings or until the date set for the filing of lawyers' files.” Thus, he remains solely competent to rule on procedural objections until his discharge 

Article 802, para. 1, of the same code states that “after the closure order, no submissions may be filed nor any exhibit produced in the proceedings, on pain of inadmissibility pronounced ex officio.” Submissions filed after the closure order are inadmissible , and they are set aside , provided, however, that the concerned party has been informed of the scheduled date for closure . Submissions filed after the closure order in which a party requests the revocation of the closure order or the exclusion from the proceedings of last-minute submissions or productions of documents  by the opponent are also admissible .

The court rules without proceedings. Thus, notwithstanding Article 16 of the Code of Civil Procedure, the court that ex officio raises the ground of inadmissibility of submissions filed after the closure order is not required to first invite the parties to present their observations on this ground .

Paragraphs 2 and 3, however, temper the strictness of this rule as they provide that applications for voluntary intervention , submissions relating to rents, arrears, interest  and other ancillary amounts due, and disbursements made up to the opening of proceedings are admissible if their calculation cannot be subject to any serious challenge, as well as applications for the revocation of the closure order, and submissions aimed at resuming the proceedings in the state they were in at the time of their interruption.

The Decree of 3 July 2024, concerning various measures to simplify civil procedure and relating to regulated professions  amended Article 802, providing in the last paragraph that procedural objections , procedural incidents, bars to proceedings, and applications made pursuant to Article 47 are admissible when their cause arises or is revealed after the closure order.

Cass. 2e civ., 10 November 2010, LawLex202300014091JBJ: the parties are required, on pain of inadmissibility, to raise procedural objections before the pre-trial judge, who alone is competent, until his removal, to rule on them, unless they arise or are revealed following the judge's removal.

Cass. 2e civ., 3 November 1993, LawLex202500000110JBJ; Cass. 1re civ., 11 June 2008, LawLex202500000111JBJ; Cass. 2e civ., 18 June 2009, LawLex202300014116JBJ; Cass. 1re civ. 1re, 18 May 2011, LawLex202300014107JBJ; Cass. 2e civ., 12 April 2012, LawLex202300014114JBJ.

Cass. com., 24 March 2009, LawLex202300014122JBJ.

Cass. 2e civ., 18 November 2010, LawLex202300014117JBJ; 1 July 2021, LawLex202300014110JBJ.

Cass. 1re civ., 8 July 2015, LawLex202500000322JBJ

Cass. 2e civ., 11 March 1992, LawLex202200005834JBJ.

Cass. 2e civ., 5 May 1978, LawLex202500000328JBJ; Cass. soc., 12 March 1980, LawLex202300014104JBJ, applications for voluntary intervention are admissible even after the closure order, except for the court, if the intervention risks excessively delaying the judgment on the whole, to rule first on the main cause; Cass. 2e civ., 16 December 2010, LawLex202300014115JBJ, applications for voluntary intervention made after the closure order are admissible without the need to revoke this order if this intervention is not contested; Cass. 1re civ., 25 May 2023, LawLex202300014108JBJ.

Cass. 2e civ., 4 November 1988, LawLex202500000330JBJ.

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.

Cass. 1re civ., 25 September 2013, LawLex202500000329JBJ.

2. Proceedings before the Judicial Court and the Commercial Court

58. Effects

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Les décisions de justice citées dans ce paragraphe :

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58. Effects

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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