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

New Article 914-3, para. 1, of the Code of Civil Procedure excludes the possibility of submissions being filed or exhibits being produced in the proceedings after the closure order, with inadmissibility being declared ex officio . However, the following are admissible:
- applications for voluntary intervention, submissions relating to rents, arrears, interest, and other ancillary amounts due, and  …

Effects

New Article 914-3, para. 1, of the Code of Civil Procedure excludes the possibility of submissions being filed or exhibits being produced in the proceedings after the closure order, with inadmissibility being declared ex officio . However, the following are admissible:

- applications for voluntary intervention, submissions relating to rents, arrears, interest, and other ancillary amounts due, and disbursements made up to the opening of proceedings, if their calculation cannot be subject to any serious challenge, as well as applications for revocation of the closure order (Art. 914-3, para. 2, CPC);

- the submissions seeking the resumption of proceedings in the state they were at the time of their interruption (Art. 914-3, para. 3, CPC);

- when their cause arises or is revealed after the order closing the investigation, applications made pursuant to Article 47, those seeking the declaration of the lapse of the notice of appeal, those relating to incidents terminating the appeal proceedings, as well as bars to proceedings based on the inadmissibility of the appeal and interventions on appeal (Art. 914-3, para. 4, CPC).

Cass. 1re civ., 5 December 2012, LawLex202300014105JBJ: the inadmissibility of submissions and exhibits served on the day of the closure order cannot be declared solely on the grounds of their late service date, without specifying the particular circumstances that prevented compliance with the adversarial principle; 16 May 2013, LawLex202200005775JBJ: while trial courts have sovereign power to assess whether submissions and/or exhibits have been filed in a timely manner, they must respond to submissions requesting their rejection, whether these were filed before or after the issuance of the closure order.

3. Proceedings before the Court of Appeal

23. Effects

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

23. Effects

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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