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 defendant is required to instruct counsel to defend within fifteen days from the writ of summons. However, if the writ of summons is served less than or equal to fifteen days before the hearing, they may instruct counsel to defend up to that date (Art. 763 Code of Civil Procedure).
The defendant's lawyer must then inform the plaintiff's lawyer of their instruction and submit a copy of the inst …

Conditions of instruction of counsel

The defendant is required to instruct counsel to defend within fifteen days from the writ of summons. However, if the writ of summons is served less than or equal to fifteen days before the hearing, they may instruct counsel to defend up to that date (Art. 763 Code of Civil Procedure).

The defendant's lawyer must then inform the plaintiff's lawyer of their instruction and submit a copy of the instruction document to the court registry (Art. 764, para. 1, CPC). Thus, a Court of Appeal cannot, to declare the invalidity of a judgment, hold that the plaintiff's lawyer did not file the instruction of their colleague with the court registry at the same time as their writ of summons, without verifying whether the defendant's lawyer had, as required, filed their instruction with the court registry .

The act of instructing counsel must, where applicable, include the defendant's agreement for the proceedings to take place without a hearing, in accordance with Article L. 212-5-1 of the Code of Judicial Organization (Art. 764, para. 2, CPC).

Furthermore, the instruction of counsel by the defendant, or by any party intervening during the proceedings, must be disclosed to the other parties by notification between lawyers (Art. 765, para. 1, CPC). This act must, according to Article 765, para. 2, indicate, on the one hand, if the defendant is a natural person, their family name, first names, profession, domicile, nationality, date and place of birth, and, on the other hand, if the defendant is a legal entity, its form, name, registered office, and the body that legally represents it.

Article 767 of the Code of Civil Procedure provides that the filing with the court registry of the copy of the act of instruction of counsel is done either upon its service with proof of its service, or, if it precedes the initiation of proceedings, with the filing of the copy of the writ of summons.

Pursuant to Article 5, paragraph 2, of the law of 31 December 1971 , lawyers may act before all Judicial Courts within the jurisdiction of the Court of Appeal where their professional residence is located, as well as before that Court of Appeal. However, there are two exceptions to this rule. First, lawyers cannot act before any court other than the one where their professional residence is established, nor in proceedings for the seizure of real estate, partition, and licitation, nor under legal aid, nor in cases where they are not the lead counsel also responsible for the pleading . Secondly, lawyers registered with the bar of one of the Judicial Courts of Paris, Bobigny, Créteil, and Nanterre may act before each of these courts and may act before the Paris Court of Appeal when they have acted before one of the Judicial Courts of Paris, Bobigny, and Créteil, and before the Versailles Court of Appeal when they have acted before the Judicial Court of Nanterre .

The Court of Cassation considers that the irregularity of a writ of summons, due to the appointment of a lawyer not competent to act within the jurisdiction of a Judicial Court, constitutes a substantive defect, which can, however, be rectified before the court rules, notably by filing submissions mentioning the appointment of a lawyer authorized to represent the claimant .

Finally, when a party appoints several lawyers, the election of domicile with only one designates them as the representative of that party . Thus, a writ of summons mentioning two lawyers is not invalid if it establishes the election of domicile at the office of the lawyer registered with the competent bar, who alone is authorized to represent the claimant .

Cass. 2e civ., 26 October 2006, LawLex202400009171JBJ.

Law No 71-1130 of 31 December 1971 on the reform of certain judicial and legal professions, OJ of 5 January 1972.

Art. 5, para. 3, L. 71-1130 of 31 December 1971.

Art. 5-1, Law No 71-1130 of 31 December 1971.

Cass. 2e civ., 20 May 2010, LawLex202300013597JBJ; 5 May 2011, LawLex202300007693JBJ: a declaration of claim made under the instruction of counsel registered with a bar other than that of the court of the proceedings is tainted with a substantive irregularity that can be remedied by another declaration of claim made under the instruction of counsel registered with the bar of the court seized.

Cass. 2e civ., 10 November 1998, LawLex202400009172JBJ.

Cass. 2e civ., 17 November 2005, LawLex202300007810JBJ.

2. Proceedings before the Judicial Court and the Commercial Court

33. Conditions of instruction of counsel

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

33. Conditions of instruction of counsel

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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