Implementation of the new trial closure procedure on November 1, 2023

Publié le 17 octobre 2023 - Legal and Administrative Information Directorate (Prime Minister)

In order to make justice faster and more efficient, two new procedures for the amicable settlement of disputes will be put in place at 1er November 2023: the Settlement Hearing (ARA) and the discontinuance of the trial. The latter will allow the parties to request the judgment of a part of their dispute.

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Image 1Crédits: kamiphotos - stock.adobe.com

In order to improve the current justice system and simplify civil procedure, the January 2023 Justice Action Plan includes the creation of a new procedure: trial discontinuation. It will apply to proceedings instituted as from 1er november 2023.

How does this procedure work?

Under the ordinary written procedure in the civil litigation, it is possible for the parties to request at any time the pre-trial judge (judge responsible for the proper conduct of the proceedings) to partially close the investigation. Thus, in support of a document countersigned by their lawyers, the parties request a partial judgment of the dispute.

If the pretrial judge accepts this request, the dispute is referred back to the court, which will only rule on the merits of the claim(s) determined by the parties. This partial judgment may be appealed immediately.

The remainder of the claims, which have not been adjudicated by the court, will be subject to mediation or conciliation by the courts.