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Article 1023 of the French Code of civil procedure

The time limits set out in articles 978 and 989 sont augmentés de : 1° One month if the applicant lives in Guadeloupe, French Guiana, Martinique, La Réunion, Mayotte, Saint-Barthélemy, Saint-Martin, Saint-Pierre-et-Miquelon, French Polynesia, the Wallis and Futuna Islands, New Caledonia or the French Southern and Antarctic Lands; 2° Two months if the applicant lives abroad. The time limits provided for in articles 982 and 991 and in the last…

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Article 1026 of the French Code of civil procedure

Withdrawal shall be recorded by order of the First President, his delegate or the President of the Chamber to which the case has been distributed. The judge noting the withdrawal shall rule, where applicable, on applications based on Article 700. However, discontinuance is recorded by judgment if it occurs after the filing of the report or if the defendant’s acceptance, where necessary, is not given until after that filing. Such…

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Article 1028 of the French Code of civil procedure

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.

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Article 1029 of the French Code of civil procedure

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.

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Article 1030 of the French Code of civil procedure

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.

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Article 1031 of the French Code of civil procedure

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.

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