The application for forgery against a document produced before the Cour de cassation is addressed to the first president. It shall be lodged at the registry and signed by a lawyer at the Conseil d’Etat and at the Cour de cassation if the ministry thereof is compulsory in the case in respect of which the application is made.
The First President shall rule after obtaining the opinion of the Public Prosecutor. He shall make an order dismissing the action or an order granting leave to act in falsity. In the event of rejection, the applicant may be ordered to pay a civil fine under the conditions set out in Article 628.
The order granting leave to act forgery shall be served on the defendant within fifteen days, with a summons to declare whether he intends to make use of the document alleged to be forged. This summons must be accompanied by a copy of the application and the order of the first president.
The defendant must notify the plaintiff, within a period of fifteen days, whether or not he intends to make use of the document alleged to be forged. In the first case, or if there is no reply within the period of fifteen days, the first president shall refer the parties to the court he designates for a ruling on the application for forgery.
When the judge intends to request the opinion of the Cour de cassation pursuant to article L. 441-1 of the Code de l’organisation judiciaire, it notifies the parties and the public prosecutor, failing which it is inadmissible. It shall collect any written observations they may have within the time limit it shall set, unless they have already concluded on this point. On receipt of the observations or on expiry of…
The decision requesting the opinion is sent, together with the submissions and any written observations, by the court registry to the registry of the Cour de cassation. It is notified, as well as the date of transmission of the file, to the parties by registered letter with acknowledgement of receipt. The public prosecutor at the court is notified as well as the first president of the court of appeal and…
The Court of Cassation shall give its opinion within three months of receipt of the file.
In matters where representation is compulsory, any observations of the parties must be signed by a lawyer at the Conseil d’Etat and the Cour de cassation.
The case is communicated to the public prosecutor at the Court of Cassation. The latter is informed of the date of the sitting.
The notice may mention that it will be published in the Official Journal of the French Republic.
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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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