Section II: Execution of investigative measures.

Investigative measures carried out before the court are carried out in open court or in chambers according to the rules applicable to hearings on the merits.

The judge may, in order to carry out an investigative measure or witness its execution, travel without being assisted by the court clerk.

The judge in charge of carrying out an investigative measure or supervising its execution may order such other investigative measure as would make it appropriate to carry out the one already prescribed.

Any difficulties encountered in the execution of an investigative measure shall be settled, at the request of the parties, on the initiative of the technician appointed, or ex officio, either by the judge who carries out the measure or by the judge responsible for supervising its execution.

The judge shall give a ruling on the spot if the difficulty arises in the course of a transaction in which he is carrying out or assisting. In all other cases, the judge seised without form shall fix the date for which the parties and, if applicable, the technician appointed will be summoned by the court registrar.

In the event of the intervention of a third party to the proceedings, the court registrar shall immediately notify the judge or the technician responsible for carrying out the investigative measure. The intervener is given the opportunity to present his observations on the operations that have already been carried out.

Decisions relating to the execution of an investigative measure are not subject to opposition; they may only be appealed or appealed to the Supreme Court at the same time as the judgment on the merits. They take the form either of a simple mention in the case file or in the hearing register or, if necessary, of an order or a judgment.

Decisions taken by the judge assigned or by the judge in charge of the review do not have the authority of res judicata.

The judge responsible for carrying out or supervising the performance of an investigative measure may establish that the parties have reached an agreement, even in part.

As soon as the investigative measure has been carried out, the proceedings shall continue at the behest of the judge. The judge may, within the limits of his jurisdiction, immediately hear the parties in their observations or pleadings, even on the premises, and immediately rule on their claims.