Article 171 of the French Code of civil procedure
November 8, 2023
Decisions taken by the judge assigned or by the judge in charge of the review do not have the authority of res judicata.
Decisions taken by the judge assigned or by the judge in charge of the review do not have the authority of res judicata.
The judge responsible for carrying out or supervising the performance of an investigative measure may establish that the parties have reached an agreement, even in part.
As soon as the investigative measure has been carried out, the proceedings shall continue at the behest of the judge. The judge may, within the limits of his jurisdiction, immediately hear the parties in their observations or pleadings, even on the premises, and immediately rule on their claims.
The minutes, opinions or reports drawn up, on the occasion of or following the execution of an investigative measure shall be sent or given in copy to each of the parties by the clerk of the court who drew them up or by the technician who drew them up, as the case may be. A mention of this is made on the original.
The judge may have a sound, visual or audiovisual recording made of all or part of the investigative steps he or she takes. The recording shall be kept at the court registry. Each party may request that a copy or transcript of the recording be given to them, at their own expense.
The nullity of decisions and implementing acts relating to investigative measures is subject to the provisions governing the nullity of procedural acts.
Nullity affects only those transactions that are affected by the irregularity.
Transactions may be regularized or restarted, even immediately, if the defect that vitiates them can be ruled out.
The omission or inaccuracy of a statement intended to establish the regularity of a transaction may not render it null and void if it is established, by any means, that the legal requirements were, in fact, observed.
Where an investigative measure ordered abroad pursuant to Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence) (recast), gives rise to costs for the translation of the forms to be sent to the requested court, the judge shall order the payment of…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
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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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