The judge may, at any time, invite the parties to provide the explanations of fact and law that he deems necessary for the resolution of the dispute and give them formal notice to produce, within a period that he shall determine, all the documents or justifications likely to enlighten him, failing which he may disregard the request and rule by drawing all the consequences from the party’s failure to act or his refusal.
Where the exchanges take place outside a hearing pursuant to articles 446-2 of this Code or L. 212-5-1 of the code de l’organisation judiciaire, the parties are notified by any means of the request made by the judge.