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

Pursuant to Article 914 of the Code of Civil Procedure, as amended by Decree No 2023-1391 of 29 December 2023, an unreasoned order, not subject to appeal, closes the investigation, a copy of which is provided to the lawyers.
New Article 914-1 of the Code of Civil Procedure provides that the pre-trial judge declares the closure of the investigation as soon as its state allows for it and refers the  …

Pronouncement of closure of investigation

Pursuant to Article 914 of the Code of Civil Procedure, as amended by Decree No 2023-1391 of 29 December 2023, an unreasoned order, not subject to appeal, closes the investigation, a copy of which is provided to the lawyers.

New Article 914-1 of the Code of Civil Procedure provides that the pre-trial judge declares the closure of the investigation as soon as its state allows for it and refers the case to the court to be heard on the date set by said judge. The date of closure must be as close as possible to that set for the pleadings (para. 1). The case is given priority when the parties have concluded a pre-trial procedure agreement for the purpose of preparation for trial (para. 2).

According to new Article 914-2, para. 1, the pre-trial judge may also order the closure of the preparatory phase with respect to a party, ex officio or at the request of a party, except, in the latter case, the possibility for the pre-trial judge to refuse by a reasoned order not subject to appeal, when one of the parties fails to perform the procedural acts incumbent upon them within the time limits set by the schedule provided for in the second paragraph of Article 912. Paragraph 2 further specifies that “the pre-trial judge retracts the partial closure order, ex officio or when seized with submissions to this end, to allow a response to new claims or new arguments presented by a party after this order. The same applies in the event of a serious and duly justified cause.”

Finally, according to paragraph 3, “if no other party is to submit, the pre-trial judge orders the closure of the investigation and the referral to the court.”

3. Proceedings before the Court of Appeal

22. Pronouncement of closure of investigation

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Les notions juridiques connexes

22. Pronouncement of closure of investigation

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Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise