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

Once the investigation is declared closed by the pre-trial judge, the case is referred to the court for a hearing. Articles 804 to 807 of the Code of Civil Procedure detail the conduct of the hearing before the Judicial Court.
According to Article 804 of the Code of Civil Procedure, the hearing begins with a report on the case before the pleadings. Since Decree No 2005-1678 of 28 December 2005 , t …

Hearing (audience de plaidoirie)

Once the investigation is declared closed by the pre-trial judge, the case is referred to the court for a hearing. Articles 804 to 807 of the Code of Civil Procedure detail the conduct of the hearing before the Judicial Court.

According to Article 804 of the Code of Civil Procedure, the hearing begins with a report on the case before the pleadings. Since Decree No 2005-1678 of 28 December 2005 , this report must be oral . It is presented by the pre-trial judge or, exceptionally, by the president of the chamber or another judge designated by him (para. 1). This report must outline the subject of the application, the parties' arguments, the factual and legal issues raised by the dispute, and mention the elements illuminating the debate, without revealing the opinion of the judge who authored the report (para. 2).

If deemed necessary for the preparation of his report for the hearing, the pre-trial judge may request the lawyers to file their case files, including the exhibits produced, with the court registry by a date he determines (Art. 799, para. 2, CPC). The president or the pre-trial judge, if delegated for this purpose, may also, at the request of the lawyers and with the agreement, if necessary, of the Public Prosecutor, authorize the filing of the case files with the chamber's registry on a date he sets, when it appears that the case does not require pleadings (Art. 799, para. 3, CPC).

According to Article 806, para. 1, when the filing of the case file has been authorized by the president or the pre-trial judge, in accordance with Article 799, para. 4, that is, when the parties have agreed for the proceedings to take place without a hearing in accordance with the provisions of Article L. 212-5-1 of the Code of Judicial Organization and the pre-trial judge declares the investigation closed, the president of the chamber, upon the expiration of the deadline for submitting the files, informs the parties of the names of the judges of the chamber who will deliberate and the date on which the judgment will be rendered.

The Court of Cassation considers that only judges who have attended the proceedings may deliberate, which implies that the judge who prepared the report and who alone holds the hearing to hear the pleadings must belong to the bench that deliberates . However, the absence of an oral report is not subject to sanction . According to the Second Civil Chamber of the Court of Cassation, no text requires that the name of the judge responsible for the oral report of the case at the hearing be mentioned in the decision rendered , nor does it sanction with invalidity the judgment that does not include the mention of the execution of this report .

The hearing of pleadings is generally held before the full bench of the court, but it can also be held by a single judge. Indeed, under Article 805 of the Code of Civil Procedure, the pre-trial judge or the judge responsible for the report may, if the lawyers do not object, hold the hearing alone to hear the pleadings . The judge reports to the court during its deliberation . The statements indicating that the proceedings took place before a single judge who reported to the full bench are sufficient to establish compliance with the requirements of Article 805, in the absence of opposition from the lawyers .

In proceedings with mandatory representation, only lawyers have the right to enforce opposition . If one of the parties does not submit, the absence of opposition from the other party's lawyer is sufficient . In cases where representation by a lawyer is not mandatory, it is up to the individuals qualified to present oral observations not to enforce opposition . The Court of Cassation specifies that it is presumed that the judge who heard the pleadings alone was authorized to do so .

The judge presiding alone over the hearing must report to the court, and the judgment must mention the names of the judges who deliberated, under penalty of invalidity . When a decision states that the rapporteur is present at the proceedings and the deliberation, this observation gives rise to the presumption that this judge has reported on the proceedings to the other judges .

If, under Article 805, the pleadings may be heard, with the agreement of the lawyers, by the pre-trial judge or the judge in charge of the report, nothing prevents them from also being heard by two judges, provided that it is reported to the full bench during deliberation , even if the judge “assisting” the presiding judge rapporteur is not part of it .

Furthermore, when the court considers that it is not possible to render a decision based on the written evidence or if one of the parties requests it, the president may order the reopening of the proceedings. He must do so whenever the parties have not been able to explain themselves adversarially on the legal or factual clarifications that have been requested from them (Art. 444 and 806, para. 2, Code of Civil Procedure).

Finally, para. 1 of Article 807 specifies that investigative measures ordered by the court are executed under the supervision of the pre-trial judge. However, the president may, in the interest of proper administration of justice, assign this supervision to a judge specifically tasked with overseeing the execution of these measures (Art. 155, para. 3 and 155-1 Code of Civil Procedure). Article 807, para. 2, states that as soon as an investigative measure is completed, the president of the chamber to which the case has been assigned refers it to the court hearing or the pre-trial judge, in accordance with Articles 780 and following of the same code.

Decree No 2005-1678 of 28 December 2005 relating to civil procedure, certain enforcement procedures, and the procedure for name change, OJ 302 of 29 December 2005, Art. 31, amending the former Article 785 of the CPC (current Art. 804 CPC).

Decisions rendered prior to Decree No 2005-1678: Cass. com., 26 March 1974, LawLex202500000146JBJ, considering that when there is no mention in the judgment that the president of the chamber assigned a counselor to prepare a written report, the fact that an oral report was presented at the hearing cannot render the judgment irregular; Cass. 2e civ., 23 October 1974, LawLex202500000147JBJ; 4 June 1975, LawLex202500000148JBJ; 8 October 1975, LawLex202500000149JBJ; Cass. 1re civ., 14 October 1975, LawLex202500000150JBJ, holding that the president may discretionarily assess whether the case requires a written report to be prepared, so the form of presentation of this report cannot be grounds for appeal to the Court of Cassation.

Cass. 2e civ., 7 October 1971, LawLex202500000158JBJ; Cass. 3e civ., 12 December 2001, LawLex202500000159JBJ.

Cass. 2e civ., 7 October 1971, LawLex202500000158JBJ.

Cass. 2e civ., 10 May 1984, LawLex202500000161JBJ.

Cass. 2e civ., 18 October 1989, LawLex202500000162JBJ.

Cass. 2e civ., 9 January 1991, LawLex202300007815JBJ; Cass. 1re civ., 4 February 2003, LawLex202500000163JBJ.

Cass. 1re civ., 12 July 1994, LawLex202500000164JBJ; Cass. 2e civ., 11 February 1998, LawLex202500000165JBJ.

Cass. 1re civ., 3 February 2004, LawLex202500000166JBJ.

Cass. soc., 21 October 2009, LawLex202300014868JBJ.

Cass. 1re civ., 5 January 2012, LawLex202300014867JBJ.

Cass. 3e civ., 13 February 2008, LawLex202500000151JBJ; 13 November 2008, LawLex202300009104JBJ.

Cass. 2e civ., 10 July 2008, LawLex202300009102JBJ; Cass. 2e civ., 5 February 2009, LawLex202300009156JBJ; 1 October 2009, LawLex202300009155JBJ; Cass. 3e civ., 3 November 2009, LawLex202200007877JBJ.

Cass. 2e civ., 14 December 1978, LawLex202500000152JBJ.

Cass. 1re civ., 3 April 2002, LawLex202300014262JBJ.

Cass. 2e civ., 10 July 1991, LawLex202500000153JBJ; Cass. 3e civ., 23 January 1991, LawLex202500000154JBJ; Cass. 1re civ., 19 November 2002, LawLex202500000157JBJ.

Cass. 2e civ., 10 March 1993, LawLex202500000156JBJ.

2. Proceedings before the Judicial Court and the Commercial Court

64. Hearing (audience de plaidoirie)

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64. Hearing (audience de plaidoirie)

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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