Chapter I: Litigation procedure.

If it is necessary to summon again a party who was not joined by the first summons, it may be ordered that the new summons will be made by writ of a bailiff.

When the case is not ready to be heard, one of the members of the chamber may be appointed to hear it. This member may be appointed before the hearing scheduled for the debates. The magistrate responsible for hearing the case shall organise the exchanges between the parties appearing under the conditions and subject to the sanctions provided for in Article 446-2.

The magistrate hearing the case may hear the parties. He has the pre-trial powers provided for in Article 446-3.

The magistrate in charge of hearing the case notes the conciliation, even partial, of the parties. He notes the termination of the proceedings.

The magistrate in charge of hearing the case decides on any difficulties relating to the communication of documents. He joins and separates proceedings.

The magistrate in charge of investigating the case may: – order, even of his own motion, any investigative measure; – order, where appropriate, under penalty of a fine, the production of documents held by a party, or by a third party if there is no legitimate impediment.

The magistrate hearing the case may grant the creditor an advance payment where the existence of the obligation is not seriously disputable, as well as order any other provisional measure.

The decisions of the magistrate in charge of hearing the case do not have the authority of res judicata in the main proceedings. They are not subject to any appeal independently of the judgment on the merits. However, they may be referred by simple application to the court within fifteen days of their date when they establish that the proceedings have been terminated.

The magistrate in charge of hearing the case may, if the parties do not object, hold the hearing alone to hear the pleadings. He reports to the court in its deliberations.

The proceedings shall be oral. The court or the magistrate hearing the case may, in accordance with the second paragraph of article 446-1, exempt a party who so requests from attending a subsequent hearing. In this case, the court or the judge hearing the case shall arrange for the parties to communicate with each other. Communication between them shall be made by registered letter with acknowledgement of receipt or by…