Apart from cases where the law so provides, proceedings are suspended by the decision which stays the proceedings, strikes out the case or orders its removal from the roll.
The stay decision suspends the course of the proceedings for the time or until the occurrence of the event it determines.
A stay of proceedings does not relieve the judge of jurisdiction. On expiry of the stay, the proceedings shall be continued on the initiative of the parties or at the instance of the judge, subject to the power to order a further stay if appropriate. The judge may, depending on the circumstances, revoke the stay or shorten the time limit.
The stay decision may be appealed with the permission of the first president of the court of appeal if there is a serious and legitimate reason. The party wishing to appeal shall refer the matter to the first president, who shall rule in accordance with the accelerated procedure on the merits. The summons must be issued within one month of the decision. If he grants the application, the first president…
A final stay decision may be appealed by way of cassation, but only for breach of the rule of law.
Removal from the register sanctions the parties’ failure to act diligently in accordance with the law. It removes the case from the list of pending cases. It is notified by simple letter to the parties and their representatives. This notification shall specify the failure to take due care penalised.
Withdrawal from the roll shall be ordered when all parties make a written and reasoned request.
Removal from the roll and withdrawal from the roll are measures of judicial administration. Unless the proceedings have lapsed, the case shall be reinstated, in the event of removal from the roll, on proof of the completion of the steps the failure of which had led to the removal or, in the event of withdrawal from the roll, at the request of one of the parties.
Except in cases where this effect results from the judgment, proceedings are extinguished incidentally to the action by the effect of a settlement, acquiescence, discontinuance of the action or, in non-transferable actions, by the death of a party. The termination of the proceedings is recorded by a decision to relinquish jurisdiction. It is for the judge to give enforceability to the deed recording the agreement of the parties, whether it…
Principally, the proceedings are extinguished by the effect of the lapse of time, the discontinuance of the proceedings or the lapse of the summons. In these cases, the finding that the proceedings are extinguished and that the court is no longer seised of the case does not preclude the institution of new proceedings, if the action is not otherwise extinguished.
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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
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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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