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Seize the judicial tribunal (merging magistrate/grand instance)

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.

The judicial tribunal is the result of the merger of the Magistrate Court (TI) and the Magistrate Court (TGI). It has jurisdiction over all disputes not assigned to another court (examples: commercial court, prud'homme council) whatever the value of the dispute. In this court, certain disputes are assigned to specialized judges. The court is seised by subpoena or application. The judge may require the parties to resort to mediation in advance.

The court shall have jurisdiction in all cases where the dispute is not referred to a specialized court.

In certain matters, it is the only court competent.

In the judicial court, some cases are assigned to specialized judges (e.g., family judge, protection litigation judge).

A court may be specialized and be the only competent court for certain matters (actions in medical liability, actions in liability related to a building, contestation of decisions in general assembly, ...).

Jurisdiction of the court

Type of business

Who to seize?

Rights of persons

(civil status, filiation, adoption...)

Judicial Tribunal

Estates

Judicial Tribunal

Property

Judicial Tribunal

Other civil case

Judicial Tribunal

Social security case and disability

Court of Justice, social center

Home rental, consumer credit, debt overhang

Protection Litigation Judge

Divorce, parental authority

Family Judge (Jaf)

Seizures, seizure of remuneration, difficulties in implementing a decision

Execution Judge (Ex)

Before starting the procedure, you must identify the court that has jurisdiction to decide your case.

  • In general, the competent court is the home of your opponent..
  • In matters of succession, it is that of the deceased's last domicile.
  • In the case of immovable property, it is that of the place of the immovable concerned.
  • In the case of purchases of goods or services, you can choose between the court of your opponent's home or the court of the place where the goods were delivered or the service performed
  • In the matter of compensation for damage, at your choice, you can choose between the court of your opponent's home or the court of the place where the damage was suffered

Once you have determined the competent court, you must apply to it by subpoena. You may apply to the court by application where the amount of the application does not exceed €5,000 or in certain matters fixed by law or regulation (for example in matters of guardianship or parental authority).

In determining the value of the litigation, the total amount of the claims must be considered. Sometimes you cannot encrypt the value of the dispute (for example, if you request cancelation of a contract). In this case, you must apply to the court by subpoena.

If the parties agree to go before the judge to settle the dispute, they shall make a joint motion.

Assignment

Where legal representation is compulsory, the summons shall be drawn up by the lawyer.

Who shall I contact

However, if the procedure is without a mandatory lawyer, you can write it yourself, respecting certain mandatory information:

  • Designation of competent court
  • Subject of the claim (damages, delivery of property, cancelation of contract...)
  • Complete identity of the parties
  • Reasons for the dispute
  • Parts List
  • Attempted friendly steps to reach the preliminary resolution of the dispute
  • How your opponent must appear before the court, i.e. if he must take a lawyer, within what time, ...
  • Consequences if your opponent does not appear

  Please note : the proceedings may be conducted without a hearing. In this case, the assignment must include your agreement.

The subpoena is issued by a bailiff to your opponent.

Your opponent then has 15 days to choose a lawyer. The latter shall transmit to the Registry his act of incorporation, that is, the document designating him as a lawyer.

Your lawyer must file a copy of the subpoena with the court registry at least 15 days prior to the hearing date.

Query

You can apply to the court by submitting an application to the court registry.

Unless there are legitimate grounds, the request must be preceded by an attempt at conciliation, mediation or a participatory procedure.

The query must include:

  • Complete identity of the parties
  • Tribunal
  • Subject of the claim (damages, delivery of property, cancelation of contract...)
  • Reasons for the dispute
  • List of pieces (which must be provided in as many copies as opponents)

It must be dated and signed.

Application for referral to the judicial tribunal

Cerfa n° 16042*01 - Ministry of Justice

The proceedings may be conducted without a hearing. In this case, the request must include your agreement.

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

The parties are notified of the place, day and time of hearing by the clerk, you (the plaintiff) by any means and your opponent (the defendant) by registered letter with notice of receipt.

You have the opportunity to have a lawyer assist you.

Who shall I contact

Joint Query

In agreement with your opponent, you can apply to the court by submitting a joint petition to the court registry.

The request, signed jointly by the parties, shall indicate the points of agreement and the points of disagreement.

The query must include:

  • Complete identity of the parties
  • Tribunal
  • Subject of the claim (damages, delivery of property, cancelation of contract...)
  • Reasons for the dispute
  • Parts List

It must be dated and signed

  Please note : the proceedings may be conducted without a hearing. In this case, the joint request must include the agreement of the applicants.

  FYI : to obtain urgent interim measures, pending the main trial, you can use a summary procedure..

The procedure itself is free.

You must, however, pay your lawyer and the bailiff responsible for issuing the summons. Other costs may be added during the procedure, such as expert fees for example.

If your resources are insufficient, you can benefit from legal aid to cover all or part of these costs.

  Please note : If you lose your case, you are in principle liable to reimburse the costs of the trial to your opponent. It is the costs.