Sub-title III: Disputes relating to literal evidence.

If one of the parties denies the handwriting attributed to him or declares that he does not recognise the handwriting attributed to its author, the judge shall verify the contested handwriting unless he can rule without taking it into account. If the contested writing relates only to certain heads of claim, a ruling may be given on the others. If the denial or refusal to recognise relates to an electronic…

It is for the judge to carry out the handwriting verification in the light of the elements available to him after having, if necessary, enjoined the parties to produce any documents to be compared with him and had samples of handwriting composed under his dictation. In determining the documents for comparison, the judge may retain any useful documents originating from one of the parties, whether or not they were issued…

Where the electronic signature enjoys a presumption of reliability, it is for the judge to say whether the evidence available to him justifies the reversal of that presumption.

If he does not rule immediately, the judge shall retain the document to be verified and the comparison documents or order them to be deposited at the court registry.

Where it is useful to compare the contested writing with documents held by third parties, the judge may order, even of his own motion and under penalty of a fine, that the original or a reproduction of these documents be deposited at the court registry. He shall prescribe all necessary measures, in particular those relating to the preservation, consultation, reproduction, restitution or reinstatement of the documents. .

If necessary, the judge shall order the personal appearance of the parties, if necessary in the presence of a consultant, or any other investigative measure. He may hear the alleged author of the contested writing.

If a technician is called in, he or she may be authorised by the judge to collect the contested document and the comparison documents against a signature or to have them sent to him or her by the court registrar.

Witnesses may be those who saw the disputed writing being written or signed or whose testimony appears useful in establishing the truth.