Section I: General provisions.

The application for authorisation of the prise à partie procedure shall be brought before the first president of the court of appeal within whose jurisdiction the judge concerned sits.

The application is presented by a lawyer. On pain of inadmissibility, it shall contain a statement of the facts of which the judge is accused and shall be accompanied by supporting documents.

The first president, after obtaining the opinion of the public prosecutor at the court of appeal, verifies that the application is based on one of the cases of taking sides provided for by law.

The decision of the first president authorising the party-in-chief procedure sets the day on which the case will be heard by two chambers of the court combined. The court registry shall bring the decision to the attention of the judge and the president of the court to which he belongs by any means.

The refusal decision may be appealed to the Court of Cassation within fifteen days of its pronouncement. The appeal shall be lodged, investigated and judged in accordance with the procedure without compulsory representation.

The judge, as soon as he is aware of the decision authorising the taking to task procedure, shall abstain until the taking to task has been decided.

The claimant summons the judge for the set day. On pain of inadmissibility of the application, a copy of the application, the decision of the first president and the supporting documents shall be attached to the summons. A copy of the summons is sent to the Public Prosecutor by registered letter with acknowledgement of receipt at the request of the bailiff. .

At the hearing, the parties shall be represented and assisted in accordance with the conditions laid down in Article 931. The court rules after hearing the opinion of the public prosecutor.