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 914-5 of the Code of Civil Procedure  sets out how roles are allocated during the hearing of pleadings. Fifteen days before the date set for the hearing, the parties must submit to the court the documents containing copies of the exhibits referred to in the submissions and numbered in the order of the summary list (para. 1). However, as an exception to this rule, the pre-trial judge may also, at the request of the parties' lawyers and, if necessary, with the agreement of the Public Prosecutor's Office, authorize the submission of the files at the chamber's registry on a date he sets, when it appears to him that the case does not require pleadings (para. 2).

Furthermore, the pre-trial judge retains a major role at the hearing of pleadings. He or she remains seized of the case until the opening of proceedings or until the date set for the filing of lawyers' briefs (Art. 914-5, para. 3, CPC). Additionally, if necessary, he gives an oral report of the case at the hearing before the pleadings, although this report can also be made by the president of the chamber to which the case has been assigned or another judge he designates (Art. 914-5, para. 4, CPC). According to Article 914-5, paragraph 5, this report outlines the subject of the appeal, the claims and arguments of the parties, and mentions elements that clarify the debate, without revealing the opinion of the judge who authored it. Finally, the pre-trial judge or the judge responsible for the report may, unless the parties' lawyers object, hold the hearing alone to hear the pleadings and report to the court in its deliberations (Art. 914-5, para. 6, CPC).

Hearing of arguments

25. Hearing of arguments