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 750, para. 1, of the Code of Civil Procedure, the court action may be initiated by a writ of summons. The writ of summons is the act of a judicial commissioner by which the claimant summons their opponent to appear before the court (Art. 55 CPC).
Article 751 provides that the application made by writ of summons is brought to a hearing, the date of which is communicated by the c …

Writ of summons

Pursuant to Article 750, para. 1, of the Code of Civil Procedure, the court action may be initiated by a writ of summons. The writ of summons is the act of a judicial commissioner by which the claimant summons their opponent to appear before the court (Art. 55 CPC).

Article 751 provides that the application made by writ of summons is brought to a hearing, the date of which is communicated by the court registry to the applicant upon presentation of the draft summons, according to the procedures defined by the order of 9 March 2020 . Thus, when the communication of the date is requested by telephone or fax, it is obtained from the civil services registry (Art. 2 Order 9 March 2020).

The hearing date can also be obtained by email or electronically: through the electronic communication system mentioned in the order of 28 August 2012 applying the provisions of Title XXI of Book I of the Code of Civil Procedure to judicial commissioners . Similarly, it can be disclosed, regarding interim proceedings, through the electronic communication system mentioned in the order of 7 April 2009 relating to electronic communication before the Judicial Courts (Art. 3) .

The writ of summons interrupts the limitation period even if submitted to an incompetent court , provided it was served under conditions excluding any bad faith by the claimant . However, the civil interruption of the acquisitive prescription by a court action requires that the action be brought against the person claiming the benefit of the prescription .

Order of 9 March 2020, regarding the methods of communication of the date of the first hearing before the Judicial Court, OJ of 14 March 2020.

Order of 28 August 2012, implementing the provisions of Title XXI of Book I of the Code of Civil Procedure to court bailiffs, OJ of 31 August 2012.

Order of 7 April 2009, regarding electronic communication before the Judicial Courts, OJ of 11 April 2009.

Cass. 3e civ., 2 June 2010, LawLex202200010488JBJ.

Cass. 2e civ., 16 December 2004, LawLex202200006645JBJ.

Cass. 3e civ., 1 October 2003, LawLex202200010393JBJ.

2. Proceedings before the Judicial Court and the Commercial Court

22. Writ of summons

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Les décisions de justice citées dans ce paragraphe :

Sous parties

Les notions juridiques connexes

22. Writ of summons

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Sous parties

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise