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 945-1 of the Code of Civil Procedure, the judge overseeing for the investigation may conduct the hearing alone to hear the pleadings if the parties do not object, and then reports to the court in its deliberation . The hearing can only be held by a single judge on the twofold condition that the lawyers or persons qualified to present oral observations do not object and that the …

Hearing

Pursuant to Article 945-1 of the Code of Civil Procedure, the judge overseeing for the investigation may conduct the hearing alone to hear the pleadings if the parties do not object, and then reports to the court in its deliberation . The hearing can only be held by a single judge on the twofold condition that the lawyers or persons qualified to present oral observations do not object and that the pleadings are heard . The parties' objection to the hearing being held before a reporting judge can be presented on the day of the hearing, and a party cannot be deprived of its right to have the case against its opponent debated adversarially in a full bench hearing . However, the right for the parties to object to the hearing being held by a single judge, which only aims to allow the requesting party to present its case orally before all the judges composing the bench, does not prevent the judge responsible for investigating the case from holding the hearing alone in the absence of appearance or presentation at the hearing by a party .

The procedure is oral (Art. 946, para. 1, CPC) . Thus, a court action presented in writing is only validly formed when it is orally supported at the hearing of the proceedings . Since the procedure is oral, the Court of Appeal is not required to respond to the written observations of a party if it is neither appearing nor represented . However, the court or the judge responsible for instructing the case may, in accordance with the second paragraph of Article 446-1, exempt a party who requests it from appearing at a subsequent hearing. In this case, the court or the judge responsible for instructing the case organizes the exchanges between the parties. Communication between them is carried out by registered letter with acknowledgment of receipt or by notification between lawyers, and it is justified to the court or the judge responsible for instructing the case within the time limits it sets. At the end of the last hearing, the court registry informs the parties of the date on which the decision will be rendered (Art. 946, para. 2).

In proceedings without mandatory representation, the arguments raised ex officio by the court are presumed, unless proven otherwise, to have been adversarially debated at the hearing . This proof may result from the finding that the parties developed their written observations at the hearing when these do not mention such arguments . Conversely, it cannot be presumed that an argument raised ex officio by the court was adversarially debated if a party was not present at the hearing . Furthermore, it follows from Article 946 that the filing of submissions before the Court of Appeal does not compensate for the absence of a party's appearance before this court .

Unless the case is judged at the first hearing, the court clerk notifies by any means the date of subsequent hearings to the parties who were not verbally informed (Art. 947 CPC). Similar to the procedure with mandatory representation, the Code of Civil Procedure provides for a fixed-date procedure. Thus, the party whose rights are at risk may request the first president of the court to prioritize the case at an upcoming hearing, even if a hearing date has already been set. If the request is granted, the applicant is immediately informed by any means of the set date, and the opposing party is summoned by a court bailiff at the applicant's initiative. However, the court must ensure that sufficient time has elapsed between the summons and the hearing for the summoned party to prepare their defense (Art. 948 CPC).

Finally, the notices and summonses prescribed by Articles 936, 937, 947, and 948 are delivered in the manner provided by these provisions to the bodies that must be informed of the proceedings pursuant to the law (Art. 949 CPC).

Cass. soc., 6 December 1990, LawLex202400001243JBJ: since the parties or their representatives did not enforce any opposition to the proceedings being conducted before the judge responsible for investigating the case, the conditions required by Article 945-1 of the Code of Procedure were met; Cass. civ. 3e, 16 December 1998, LawLex202400001244JBJ: the requirements of Article 945-1 of the Code of Civil Procedure were satisfied when it appears from the mentions of the judgment that at the public hearing, the parties were assisted by lawyers who were heard in their submissions and pleadings before the judge sitting alone, the lawyers having the standing to present oral observations and being able to enforce opposition to the hearing being held by a single judge.

Cass. 2e civ., 20 October 2022, LawLex202400001237JBJ.

Cass. soc., 19 October 1988, LawLex202400001242JBJ; Cass. com., 3 May 2016, LawLex202400001251JBJ.

Cass. 1re civ., 31 January 2019, LawLex202400001252JBJ.

Cass. 2e civ., 15 May 2014, LawLex202300008590JBJ: in proceedings without mandatory representation, only written submissions, reiterated orally at the hearing of the proceedings, validly seize the Court of Appeal.

Cass. soc., 13 September 2017, LawLex202400001249JBJ.

Cass. 1re civ., 22 January 2002, LawLex202400001246JBJ.

Cass. 1re civ., 10 September 2015, LawLex202400001240JBJ; 14 February 2018, LawLex202300010870JBJ; 5 June 2020, LawLex202400001241JBJ; Cass. soc., 19 May 2021, LawLex202400001247JBJ.

Cass. 2e civ., 28 November 2019, LawLex202400001253JBJ; 24 September 2020, LawLex202400001255JBJ; 2 June 2022, LawLex202400001239JBJ.

Cass. 2e civ., 22 October 2020, LawLex202200005911JBJ; Cass. 1re civ., 26 May 2021, LawLex202200005894JBJ.

3. Proceedings before the Court of Appeal

37. Hearing

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

37. Hearing

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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