Introduction

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Proceedings before the Judicial Court

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Proceedings before the Commercial Court

Proceedings before the Judicial Court and the Commercial Court

2. Proceedings before the Judicial Court and the Commercial Court

Paragraph 3 of Article 803 of the Code of Civil Procedure specifies that the revocation must occur by a reasoned order of the pre-trial judge  or, after the opening of proceedings, by a decision of the court. In this respect, the pre-trial judge cannot refuse to entertain the application for revocation of the closure order without explaining the serious grounds invoked in support of this applicati …

Serious grounds

Paragraph 3 of Article 803 of the Code of Civil Procedure specifies that the revocation must occur by a reasoned order of the pre-trial judge  or, after the opening of proceedings, by a decision of the court. In this respect, the pre-trial judge cannot refuse to entertain the application for revocation of the closure order without explaining the serious grounds invoked in support of this application . Thus, a judgment is subject to appeal to the Court of Cassation if it revokes the closure order merely by stating that the parties do not oppose it, without noting the existence of a serious cause that has arisen since this order , or if it revokes a closure order by merely noting that the parties have submitted their submissions late, specifying that these remain useful to the proceedings, and asserting that it is necessary for the proper administration of justice to accept them by revoking the closure order, without identifying the elements constituting a serious cause for revocation .

The existence of a serious cause falls within the sovereign discretion of the court , which, in exercising this power, may determine that no serious reason justifies the revocation of the closure order, declare the submissions of the appellant and the respondent filed after this order inadmissible, and rule based on the pleadings and exhibits submitted prior to it , consider that the filing of submissions three days before the issuance of the closure order did not allow the other party sufficient time to respond, thus infringing the adversarial principle , or revoke the closure order to allow the respondent to respond to the appellant's submissions . The decision to revoke is also justified when it is necessary to allow a minor, who has become an adult during the proceedings, to personally take charge of their defense, the change in capacity, although prior to the closure order, having been revealed only during subsequent proceedings , or when the circumstances under which legal aid was granted prevented the attorney, appointed late, from intervening effectively .

On the other hand, the filing with the court registry, within the time limit set by Article 908 of the Code of Civil Procedure, of submissions by the respondent who had not instructed counsel within the fifteen-day period provided by Article 902, does not constitute a serious ground for revocation of the closure order . Similarly, when an inexcusable failure by the appellant is the cause of the lateness of their submissions, no serious ground subsequent to the closure order justifies its revocation .

Cass. 1re civ., 6 October 1982, LawLex202300008688JBJ.

Cass. 3e civ., 8 December 1999, LawLex202500000117JBJ, considering that a court of appeal cannot decide, without identifying the existence of a serious cause for revocation, that at the request of the parties, the order for closure should be revoked and closure pronounced on the day of the proceedings, whereas one of the parties primarily requested the rejection of the exhibits and submissions disclosed after the order for closure and only subsidiarily the revocation of this order. ; Cass. 1re civ., 16 December 2010, LawLex202300014115JBJ, Bull. civ. II, No 213: applications for voluntary intervention made after the order for closure are admissible without the need to revoke this order, as it can only be revoked if a serious cause has arisen since it was issued; 10 January 2013, LawLex202300014111JBJ: the court is required, in order to dismiss the revocation of the order for closure and declare inadmissible the submissions and exhibits exchanged by the parties after the order for closure, to explain the serious causes invoked in support of the request for revocation.

Cass. 2e civ., 6 June 2013, LawLex202500000114JBJ.

Cass. 2e civ., 24 April 1985, LawLex202500000109JBJ.

Cass. 3e civ., 8 January 1992, LawLex202500000103JBJ.

Cass. 2e civ., 4 October 1989, LawLex202500000115JBJ.

Cass. 2e civ., 10 January 1979, LawLex202500000301JBJ; Cass. 1re civ., 25 February 1981, LawLex202500000112JBJ; Cass. 2e civ., 27 April 1981, LawLex202400009451JBJ.

Cass. 2e civ., 3 November 1993, LawLex202500000110JBJ.

Cass. 2e civ., 11 March 1998, LawLex202500000102JBJ.

Cass. 2e civ., 11 June 1981, LawLex202500000113JBJ.

Cass. 2e civ., 12 March 1997, LawLex202500000119JBJ; 6 May 2004, LawLex202500000118JBJ; 8 July 2004, LawLex202300012768JBJ.

2. Proceedings before the Judicial Court and the Commercial Court

60. Serious grounds

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

60. Serious grounds

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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