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

The submissions must expressly state the claims of the parties as well as the factual and legal arguments on which each of these claims is based, with an indication for each claim of the exhibits invoked and their numbering. A schedule listing the exhibits supporting these claims is attached to the submissions (Art. 768, para. 1, Code of Civil Procedure).
In an effort to simplify and modernize civ …

Content

The submissions must expressly state the claims of the parties as well as the factual and legal arguments on which each of these claims is based, with an indication for each claim of the exhibits invoked and their numbering. A schedule listing the exhibits supporting these claims is attached to the submissions (Art. 768, para. 1, Code of Civil Procedure).

In an effort to simplify and modernize civil procedure, the decree of 6 May 2017  structured the content of submissions by requiring compliance with a number of specific mentions before the Judicial Court. According to Article 768, para. 2, of the Code of Civil Procedure, as amended by the decree of 11 December 2019 , submissions must distinctly include: a statement of facts and procedure, a discussion of claims and arguments, as well as a summary of claims. New arguments, not presented in previous submissions, must be formally distinct in the new submissions.

This structuring also extends to oral procedures, as long as all appearing parties present their claims and arguments in writing and are assisted or represented by a lawyer (Art. 446-2 CPC). Indeed, although in oral procedures the respective claims of the parties are generally made at the hearing, the parties may also refer to those they have submitted in writing. In this case, the observations are recorded in the file or in a report (Art. 446-1, para. 1, CPC). This structuring of submissions is now standardized before the Judicial Court and the Court of Appeal (Art. 954 CPC).

The court, which must observe and ensure the observance of the adversarial principle in all circumstances, cannot base its decision on the absence in the file of a document mentioned in the schedule annexed to the final submissions without inviting the parties to provide explanations, unless its disclosure is challenged . In accordance with the principles of civil procedure, the court is required to rule on everything that is requested and only on what is requested (Art. 5 CPC). It can only base its decision on the arguments, explanations, and documents debated adversarially by the parties (Art. 16, para. 2, CPC). Thus, the court only rules on the claims stated in the operative part and examines the arguments invoked in support of these claims in the discussion (Art. 768, para. 2, CPC). However, the subject of the application may be formulated in the reasons of the submissions without being repeated in the operative part .

The latest submissions, which are of a summary nature, play a decisive role: they definitively establish the subject matter of the dispute or may raise an incident that terminates the proceedings . The parties must include all claims and arguments already made in their previous submissions. Failing this, they are deemed to have abandoned them, and the court rules solely on the latest submissions filed (Art. 768, para. 3, CPC). Thus, a party will not be considered to have abandoned its previous claims if its new submissions are solely aimed at responding to an objection of invalidity of the writ of summons raised by the other party , opposing a request for a stay of judgment , or responding to an incident raised by the opponents . However, a mere reference to previous submissions is insufficient, as it does not bring their content before the court .

Finally, Article 766, para. 1, of the Code of Civil Procedure requires that submissions be signed by the parties' lawyer. Consequently, a document entitled “submissions” that bears only the lawyer's stamp, excluding their signature, cannot be considered submissions . In this regard, only the signature of the instructing lawyer, and not the pleading lawyer, is valid .

Decree No 2017-892 of 6 May 2017 on various measures for the modernization and simplification of civil procedure, OJ of 10 May 2017.

Decree No 2019-1333 of 11 December 2019 reforming civil procedure, OJ of 12 December 2019.

Cass. 3e civ., 12 June 1996, LawLex202400003038JBJ.

Cass. 2e civ., 11 January 2006, LawLex202300013623JBJ, LawLex202300013624JBJ and LawLex202200005703JBJ; Cass. com., 27 June 2006, LawLex202300013625JBJ; Cass. 1re civ., 14 November 2006, LawLex202200005675JBJ.

Cass. 2e civ., 14 October 2004, LawLex202400009364JBJ; Cass. 3e civ., 22 June 2005, LawLex202400009365JBJ.

Cass. 2e civ., 8 April 2004, LawLex202300013628JBJ; 20 January 2005, LawLex202300013629JBJ; 20 October 2005, LawLex202300013630JBJ.

Cass. 2e civ., 20 October 2005, LawLex202300013630JBJ.

Cass. 2e civ., 20 January 2005, LawLex202300013629JBJ.

Cass. 2e civ., 8 April 2004, LawLex202300013628JBJ.

Cass., avis, 10 July 2000, LawLex202300013627JBJ.

Cass. 2e civ., 13 January 2000, LawLex202400003039JBJ, recalling that in the first instance, in procedures with mandatory representation, the claims of the parties and the grounds on which they are based are set out in the submissions, which must be signed by the instructed counsel, who alone have standing to represent the parties and make submissions on their behalf; 13 December 2001, LawLex202300000156JBJ.

2. Proceedings before the Judicial Court and the Commercial Court

37. Content

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