The judge conducting the investigation may, of his own motion or at the request of the parties, summon or hear any person whose testimony he deems useful in ascertaining the truth.
The depositions are recorded in minutes. However, if they are taken during the debates, only the names of the persons heard and the result of their depositions shall be mentioned in the judgment where the case is to be tried immediately at last instance.
The minutes must mention the presence or absence of the parties, the surnames, first names, date and place of birth, place of residence and profession of the persons heard and, if applicable, the oath taken by them and their statements relating to their relationship of kinship or marriage to the parties, subordination to them, collaboration or community of interest with them. Each person heard signs the minutes of his or…
The judge shall authorize the witness, at his request, to receive any compensation to which he may be entitled.
The party requesting an enquiry must specify the facts it intends to prove. It is up to the judge ordering the enquiry to determine the relevant facts to be proved.
It is incumbent on the party requesting an enquiry to state the surnames, first names and residences of the persons whose evidence it seeks. The same burden is incumbent on the opposing parties requesting the examination of witnesses on the facts of which the party claims to provide evidence. The decision ordering the enquiry shall state the surnames, first names and residences of the persons to be heard.
If the parties are unable to indicate from the outset the persons to be heard, the judge may nevertheless authorise them either to attend the enquiry without further formality with the witnesses they wish to have heard, or to inform the court registry, within a time limit set by the judge, of the surnames, first names and addresses of the persons they wish to be heard. When the enquiry is…
The decision ordering the enquiry shall specify whether it will take place before the trial panel, before a member of that panel or, if necessary, before any other judge of the court.
Where the enquiry takes place before the judge ordering it or before one of the members of the bench, the decision shall indicate the day, time and place where it will be held.
If the judge assigned within the court does not belong to the trial panel, the decision ordering the enquiry may simply state the time limit within which it must be carried out. In the event of another court being commissioned, the decision shall specify the time limit within which the enquiry must be carried out. This time limit may be extended by the president of the court commissioned, who shall…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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