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 court cannot exclude submissions and exhibits disclosed by the parties from the proceedings without identifying conduct on their part contrary to the fairness of the proceedings. This is the case when a party, four days before the closing date, files new pleadings containing different legal arguments and discloses new exhibits , or when it files final submissions and discloses a new exhibit on …

Fairness of proceedings

The court cannot exclude submissions and exhibits disclosed by the parties from the proceedings without identifying conduct on their part contrary to the fairness of the proceedings. This is the case when a party, four days before the closing date, files new pleadings containing different legal arguments and discloses new exhibits , or when it files final submissions and discloses a new exhibit on the very day of the closing order, already postponed, thus deliberately preventing its opponent from reviewing and responding to it, even though it had sufficient time to do so .

Similarly, a party adopts behavior contrary to the fairness of proceedings when it discloses, moments before the closure, postponed twice, a document it had held for several months, with the clear intent to surprise its opponent. Thus, a court of appeal, without being required to revoke the closure order, may, to ensure respect for the rights of the defense, reject submissions filed by a party after the expiration of the deadlines granted to it twice by the pre-trial judge, and on the eve of the closure order, which also corresponds to the date of the hearing, thereby placing the opposing party in a position where it is unable to respond .

Cass. 2e civ., 4 December 2003, LawLex202200005687JBJ. See also Cass. 2e civ., 27 February 1985, LawLex202500000305JBJ: when, despite the pre-trial judge's order several months before the date of the hearings, a party files its submissions only one week before the closure postponed at their request, the trial court may find that the other party was unable to discuss them effectively.

Cass. 2e civ., 4 March 2004, LawLex202200005690JBJ.

Cass. 2e civ., 27 April 1981, LawLex202400009451JBJ.

2. Proceedings before the Judicial Court and the Commercial Court

42. Fairness of proceedings

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Les décisions de justice citées dans ce paragraphe :

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42. Fairness of proceedings

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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