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

Before the adoption of the decree of 29 December 2023  which repealed it, Article 904-1 of the Code of Civil Procedure, stemming from Decree No 2017-891 of 6 May 2017, granted the president of the chamber to which the case was assigned the power to decide its orientation either by setting a fixed-date appeal hearing or by appointing a pre-trial judge, with the court registry responsible for notifying the instructed lawyers. Now, Article 905 of the Code of Civil Procedure, the sole article in the section dedicated to the direction of the case, which came into force on 1 September 2024, still entrusts the orientation of the case to the president of the chamber to which the case was assigned. This is carried out either by setting a fixed-date appeal hearing and the expected date for the closure of its investigation, or by appointing a pre-trial judge. The court registry remains responsible for notifying the instructed lawyers. However, the new text adds that this notice includes an invitation to conclude a participatory procedure agreement for the purpose of preparation for trial under the conditions provided in Title II of Book V and reproduces the first and third paragraphs of Article 915-3. This clarification demonstrates the legislator's intention to promote the use of alternative dispute resolution methods. The participatory procedure thus allows the parties to commit to working jointly and in good faith towards the amicable resolution of their dispute or the preparation for trial of their case (Art. 2062 Civil Code).

Decree No 2023-1391 of 29 December 2023 on the simplification of the appeal procedure in civil matters, OJ of 31 December 2023.

Management of the case

9. Management of the case