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 798 of the Code of Civil Procedure, the closure of the investigation, in the cases provided for in Articles 778, 779, 799, and 800, is pronounced by an unreasoned order not subject to appeal, a copy of which is delivered to the lawyers.
Thus, the president may declare the investigation closed and set the date for the hearing of pleadings, which may be held on the same day:
- wh …

Pursuant to Article 798 of the Code of Civil Procedure, the closure of the investigation, in the cases provided for in Articles 778, 779, 799, and 800, is pronounced by an unreasoned order not subject to appeal, a copy of which is delivered to the lawyers.

Thus, the president may declare the investigation closed and set the date for the hearing of pleadings, which may be held on the same day:

- when it decides to refer to the hearing for oral arguments cases that appear ready to be judged on the merits, based on the explanations of the lawyers and in view of the submissions exchanged and the exhibits disclosed (Art. 778, para. 1, CPC);

- when it decides to refer to the hearing for pleadings cases in which the defendant does not appear if they are ready to be judged on the merits (Art. 778, para. 2, CPC).

When the parties agree that the proceedings will take place without a hearing, in accordance with Article L. 212-5-1 of the Code of Judicial Organization, the president declares the investigation closed and sets a date for the filing of the case files with the court registry. The court clerk informs the parties, as well as the Public Prosecutor's Office if necessary, of the names of the judges who will deliberate and the date of the judgment (Art. 778, para. 5, CPC).

If, after referral to a new hearing, the parties do not provide evidence of having concluded a participatory procedure agreement, and if the case is ready to be judged, the president declares the investigation closed, refers the case to the hearing for pleadings, and applies the provisions of paragraph 5 of Article 778. The hearing for pleadings may also take place on the same day (Art. 779 CPC).

The pre-trial judge declares the investigation closed as soon as its state allows, refers the case to the court to be argued on the date set by the president, or by himself if he has been delegated for this purpose, except in cases where the provisions of the second paragraph of Article 781 apply, that is, when extensions of time are granted, specifying that the closure date must be as close as possible to that set for the pleadings (Art. 799, para. 1, CPC). This rule is not sanctioned by invalidity, and its non-compliance does not, by itself, constitute grounds for revocation of the closure order .

The pre-trial judge drafts a report for the hearing of pleadings. Upon closure, he may request the lawyers to file their case with the court registry on a date he determines (Article 799, para. 2 CPC). Furthermore, with the agreement of the lawyers and, if necessary, the Public Prosecutor's Office, he may authorize the filing of cases with the court registry if the case does not require pleadings (Article 799, para. 3, CPC). It follows from the mention that the parties have been authorized to file their case pursuant to Article 799, paragraph 3, that this authorization has indeed been requested .

If the parties, in accordance with Article L. 215-5-1 of the Code of Judicial Organization, have agreed that the proceedings will continue exclusively in writing and without a hearing before the Judicial Court, the pre-trial judge declares the investigation closed as soon as its state allows and sets the date for the filing of the case files with the court registry. The court clerk notifies the parties and, if applicable, the Public Prosecutor's Office (Art. 799, para. 4, CPC).

The closure of the investigation may also occur as a sanction in case of negligence by the lawyers during the proceedings before the Judicial Court. If one of the lawyers has not completed the procedural acts within the allotted time, the pre-trial judge may order the closure with respect to that lawyer, either ex officio or at the request of another party, “except, in the latter case, the possibility for the judge to refuse by a reasoned order not subject to appeal,” a copy of the order being sent to the defaulting party, at their actual domicile or residence (Art. 800, para. 1, CPC).

Finally, Article 800 of the Code of Civil Procedure provides for the closure of the investigation as a sanction in the event of procedural negligence. If a lawyer fails to perform the required acts within the allotted time, the pre-trial judge may order the closure with respect to that party, either ex officio or at the request of another party. This decision is notified to the defaulting party. If no other party is required to submit, the judge orders the closure of the investigation and refers the case to the court.

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

Cass. civ. 2e, 10 February 2011, LawLex202300014866JBJ; 7 January 2016, LawLex202300014869JBJ.

2. Proceedings before the Judicial Court and the Commercial Court

57. Proceedings

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57. Proceedings

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