Introduction

Proceedings with mandatory representation

Proceedings without mandatory representation

Contentious matters

Scope

Proceedings

Non-contentious matters

Proceedings before full bench

Interim orders

Orders on ex parte application (sur requête)

Powers of the First president

3. Proceedings before the Court of Appeal

Among the specific provisions dedicated to the Court of Appeal, the Code of Civil Procedure distinguishes, on the one hand, the procedure before the full bench of the court (Articles 899 to 955-1 CPC) and, on the other hand, the powers of the first president (Articles 956 to 959 CPC).

Just as the guiding principles of proceedings differ depending on whether they are contentious or non-contentious matters, the procedure before the full bench is governed by different texts depending on whether it concerns contentious proceedings (Articles 899 to 949 CPC) or non-contentious proceedings (Articles 950 to 953 CPC).

In contentious matters, Article 899 of the Code of Civil Procedure immediately requires the instruction of counsel to defend. However, the code provides different provisions depending on whether the procedure involves mandatory representation (Articles 900 to 930-3 CPC) or does not involve mandatory representation (Articles 931 to 949 CPC).

In non-contentious matters, the appeal is filed, pursuant to Article 950 of the Code of Civil Procedure, by a lawyer or a public or ministerial officer, by declaration at the court registry or by registered letter. A fax does not meet these conditions . Article 953 then refers to the rules applicable in non-contentious matters before the Judicial Court for the investigation and judgment of the appeal.

Cass. 3e civ., 8 June 1995, LawLex202400000323JBJ: the transmission of the notice of appeal against a non-contentious decision by fax recorded by the court registry before the expiration of the appeal period does not meet the legal requirements set by Article 950 of the Code of Civil Procedure.

4. Procedure before the full bench