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Civil case: trial before the court (TGI/TI merger)

Verified 01 janvier 2020 - Directorate for Legal and Administrative Information (Prime Minister)

Proceedings before civil, social and commercial courts

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.

A trial before the judicial court may take place with or without a compulsory lawyer. The parties must first exchange their evidence and arguments. The proceedings may, at the request of the parties, proceed without a hearing. The hearing shall be held by a judge who shall ensure the proper conduct of the proceedings. It makes a decision that can be challenged.

Procedure with lawyer

Continued referral to court, opponents must prepare the trial. That's called the remediation..

The trial is between the parties, the plaintiff (the person who initiates the proceedings) and the defendant (the person who is attacked).

The parties must be represented by a lawyer.

The parties must present their arguments in a written document. conclusions. In the conclusions, the parties must express their demands and arguments (called means), together with supporting documents.

All documents communicated to the court must be transmitted to the opposing party, this is the principle of contradictory.. All exhibits and findings are filed at transplant before the trial.

There will be a trial only if the file is complete and if the opponents have shared their arguments and evidence.

A judge called pretrial judgeshall be responsible for ensuring the smooth running of the procedure. It shall monitor the exchange of the parties' conclusions and the communication of documents within the time limits it fixes.

  Warning : if a party does not comply with the judge's requests, he or she may strike the matter out. The cancelation is the failure of the parties to comply with these requests. The case is withdrawn from the current cases. After justification for the fulfillment of these requests, the proceedings may be resumed.

Exceptionally, the parties may decide to preface their case without the intervention of a pretrial judge. To do this, they sign a contract with their lawyers participatory procedure.. This agreement includes reciprocal commitments and guarantees and is intended to put the case in a state of trial.

Once the file is complete, the pretrial judge closes the exchanges and sets the hearing date. No entries or conclusions may be added after the closing date.

  Please note : if the judge considers that an amicable solution is possible, he may impose on the parties at any stage of the proceedings, including into meet with a mediator whom he appoints.

On the day of the hearing, the parties must be represented by their counsel. The lawyers argue, first the plaintiff's and then the defendant's.

At the end of the hearing, the judge shall determine the date on which the decision will be rendered. The matter is then taken under advisement.

If the parties so wish and agree, they may ask the judge to proceed without a hearing.

After the hearing of the parties, the judicial court may attempt to mediation (by a mediator) or conciliation (by a conciliator). Conciliation is free. The conciliator may also hear witnesses and travel to the dispute. Mediation is paid and the mediator has no powers of investigation.

The court makes its decision in the form of a judgment. Decisions shall apply immediately unless otherwise provided.

The judgment shall terminate the proceedings when all the points in the dispute are tried.

Court incompetence

The judge may also make a decision of incompetence, i.e. he considers that the dispute does not fall within the jurisdiction of that court. For example, if the dispute is under the jurisdiction of the court of another city or commercial court..

The judge shall then invite the parties to bring the matter before the court which he considers competent or shall refer the matter to another court which he shall designate.

Suspension of trial

The judge may also stay the proceedings. This means that he temporarily suspends the trial until a new hearing, the date of which he specifies. For example, if the case requires judicial expertise.

At the written and reasoned request of the parties, the case shall be removed from the list (known as the list) of pending cases. It may be reinstated at the request of a party

For example, if a transaction between the parties is in progress.

  Please note : the parties may withdraw at any time during the proceedings.

One of the parties may challenge the judgment in appealing..

The length of time to appeal varies depending on the situation.

General case

The time limit for lodging an appeal shall be 1 month..

The delay starts from meaning decision by bailiff , its notification by the Registry or by the delivery of the decision at a public hearing.

Referenced

The time limit for lodging an appeal shall be 15 days..

The delay starts from meaning decision by bailiff , its notification by the Registry or by the delivery of the decision at a public hearing.

Execution Judge

The time limit for lodging an appeal shall be 15 days..

The delay starts from meaning decision by bailiff, its notification by the Registry or by the delivery of the decision at a public hearing.

Gracious decision

The time limit for lodging an appeal shall be 15 days..

The delay starts from meaning decision by bailiff , its notification by the Registry or by the delivery of the decision at a public hearing.

Remedy or liquidation

The time limit for lodging an appeal shall be 10 days..

The delay starts from meaning decision by bailiff , its notification by the Registry or by the delivery of the decision at a public hearing.

Procedure without legal representation

Before bringing the matter before the court, the plaintiff must justify an attempt to conciliation, mediation or participatory procedure agreement..

The court shall query or by assignment..

  Warning : the rules of procedure must be followed in order for the court to be properly seised. The case may not be tried if the court has not been properly seised.

The trial is between the parties, the plaintiff (the person who initiates the proceedings) and the defendant (the person who is attacked).

Each party may:

  • be present in person at the hearing, possibly assisted by a lawyer,
  • be dispensed from a hearing if requested to do so,
  • be absent from the hearing, but represented by a lawyer or by a third party in writing.

A party absent from the hearing who is represented by a third party must prepare a document entrusting him or her with the task of representing him or her. These may include:

  • the person with whom it is lives as a couple,
  • his father or his mother
  • his child,
  • his brother or sister, nephew or niece,
  • one of its employees, if the absent party is a business manager (an accountant may represent his boss),
  • or a person working for his personal service (home help for example).

The representative so designated must be an adult. He must present himself at the hearing with the written document giving him the mission of representative and an identity document.

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If the applicant is absent

If at the hearing, the plaintiff is absent and not represented, the judge may remove the trial from the list of pending cases. The case is then canceled.

If the applicant is exempted from appearing, the case may be postponed or tried in his absence.

If the defendant is absent

The trial may take place, but the defendant will not be able to present his arguments if he is not represented.

If the judge considers that the presence of the defendant is necessary or that the defendant has made a request to refer the case to another hearing, the judge may postpone the trial to a later date.

Request for referral

One of the parties may ask the judge to refer the case to a later date. For example, if one of the parties feels that it has not had time to prepare its arguments.

The judge may or may not accept this request if he considers that the reason is legitimate (serious and justified).

Decision on jurisdiction

The judge may declare himself incompetent to judge the case. For example, if the judge considers that the dispute falls under the jurisdiction of a specialized judge and thus under the jurisdiction of another court.

Debates

The proceedings may, on the initiative of the parties, if they agree, proceed without a hearing.

Consent to the conduct of proceedings without a hearing for oral proceedings before the judicial or protection litigation judges

Cerfa n° 16037*01 - Ministry of Justice

Discussions allow the parties to exchange oral arguments and evidence. It is the judge who gives the floor to each party, first the plaintiff, then the defendant. It shall ensure that the principle of contradiction is respected.

It can hearing witnesses..

If, during the discussions, it finds that an agreement can be reached, it shall appoint a third party who may be a conciliator or mediator:

If the conciliation fails, the debates can start.

The trial is an exchange of arguments and documents. When he feels sufficiently enlightened, the judge closes the proceedings.

If the judge considers that the case requires further discussion or the search for additional information (e.g. an expert opinion or a visit to the scene), the judge may postpone the continuation of the trial to a later date.

After the proceedings, the judge shall determine the date on which the decision shall be rendered. The matter is then taken under advisement.

On the day of the deliberation, the judgment is not pronounced in public but can be consulted at the court registry. A copy of the judgment is then sent to each party.

Decisions shall apply immediately unless otherwise provided.

The type of recourse depends on the sums involved.

  • If the case concerns an amount less than €5,000, the parties may contest the judgment by forming a appeal in cassation within 2 months.
  • If the case concerns an amount greater than €5,000, the parties may contest the judgment appeal within 1 month.

The delay starts from meaning decision by bailiff, its notification by the court registry or by reading the decision in public hearing.