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Civil trial: how to act quickly before the court?

Verified 01 January 2020 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

Proceedings before civil, social and commercial courts

Published on 19 November 2020

From 20 November 2020, civil, social and commercial courts may amend the rules of procedure applicable to the cases they are handling, in order to continue their activities during the state of health emergency. Changes may include:

  • Access by the public and lawyers to courts and courtrooms
  • Information by any means of parties who are assisted by a lawyer or who have agreed to receive communications by electronic means
  • Transfer of a case to another court of the same jurisdiction
  • Use of the single judge procedure
  • Conduct of the hearing or hearing by audiovisual means of telecommunication
  • Use of the procedure without hearing

These possibilities for amending the rules of procedure are provided for in Order No. 2020-1400 of 18 November 2020 and decree n°2020-1405 of 18 november 2020 .. They will cease one month after the end of the state of health emergency, on 16 March 2021.

An interim order is an urgent judicial procedure which, while respecting the adversarial debate, allows provisional measures to be taken to resolve a dispute.

An interim order is an emergency procedure that allows the judge to take interim measures.

Referral does not allow final settlement of the dispute.

The trial says main (bottom) may take place later. This main trial may relate to total problems to solve. The measures ordered by a judgment given in summary judgment (interim order) may be reviewed at the main trial.

  • Investigative measures (investigation), which may no longer be carried out later or which will lose interest if they are delayed. For example, an expert to establish facts, pending trial
  • Measures that cannot be contested by your opponent because you are within your right (for example, to request the departure of a tenant whose lease has expired)
  • Measures (even if challenged by your opponent) that are necessary to prevent imminent harm or to stop a manifestly unlawful disorder (clear violation of the law). For example, stopping noisy work
  • Payment of a sum of money on a provisional basis (debt...) or the performance of any other obligation (example: deliver property), knowing that the debt or obligation must be unquestionable (existence of a contract...)

FYI  

the procedure for interim measures is also possible before the administrative justice..

Court

General case

The President of the Court of Justice or the Protection Litigation Judge must be brought before the Court.

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Labor conflict

We must grasp prud'homme council for a labor dispute.

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Please note

Referrals to the Board of Prud'hommes in Referral may be made by application.

Merchant dispute

We must grasp commercial court for disputes between traders.

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Assignment

In order to introduce a short action, you must address your opponent a assignment which in all cases must be issued by judicial officer..

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The use of a lawyer shall be compulsory unless the value of the dispute is less than or equal to €10,000 or in certain areas (parental authority, guardianship, expulsion, housing leases, consumer credit in particular).

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Court decision

At the hearing, the court must ensure that your opponent has had time to prepare his defense before making his decision.

The decision may be made directly after the hearing or at a later date fixed by the court.

The decision is called interim order..

Remedy

If you do not like the decision, you can appeal within 15 days free days after notification of the order. Your opponent can also appeal.

However, the decision is applied immediately, even in the event of an appeal. It is said to be implemented on a provisional basispending the decision of appeal or judgment on the merits of the case.

You must pay usher who issues the assignment.

The proceedings themselves are free of charge, except in the commercial court where a provision must be made. In this case, you should check with the appropriate registry, because the rates are not the same for all commercial courts.

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FAQ