The chairman presides over the proceedings. He gives the floor to the rapporteur in the event that a report is to be made. The plaintiff, then the defendant, are then invited to set out their claims. When the court considers itself enlightened, the president stops the pleadings or observations presented by the parties in their defence.
Even in cases where representation is compulsory the parties, assisted by their representative, may themselves make oral submissions. The court has the power to deprive them of the floor if passion or inexperience prevents them from discussing their case with proper decency or the necessary clarity.
The chairman and the judges may invite the parties to provide any explanations of law or fact that they consider necessary or to clarify anything that appears obscure.
The public prosecutor, as an added party, has the last word. If it considers that it cannot speak immediately, it may request that its hearing be postponed to a future hearing.
The chairman may order the reopening of the proceedings. He must do so whenever the parties have not been able to explain to each other the legal or factual clarifications which had been requested of them. In the event of a change in the composition of the court, the proceedings must be resumed.
After the close of the debates, the parties may not file any notes in support of their observations, except with a view to responding to the arguments developed by the public prosecutor, or at the request of the president in the cases provided for in articles 442 and 444.
What is prescribed by articles 432 (paragraph 2), 433,434,435 and 444 (paragraph 2) must be observed on pain of nullity. However, no nullity may subsequently be raised for failure to comply with these provisions if it was not raised before the close of the debates. Invalidity may not be raised ex officio.
At the hearing, the parties present their claims and supporting arguments orally. They may also refer to any claims and pleas they may have formulated in writing. The parties’ observations are noted in the case file or recorded in minutes. Where a specific provision so provides, the parties may be authorised to formulate their claims and pleas in writing without appearing at the hearing. The judgment rendered under these conditions…
When the proceedings are adjourned to a later hearing, the judge may organise the exchanges between the parties appearing. After having heard their opinions, the judge may thus set the time limits and, if they agree, the conditions for communicating their claims, pleas and exhibits. When all the parties appearing formulate their claims and pleas in writing and are assisted or represented by a lawyer, the pleadings must expressly state…
The judge may, at any time, invite the parties to provide the explanations of fact and law that he deems necessary for the resolution of the dispute and give them formal notice to produce, within a period that he shall determine, all the documents or justifications likely to enlighten him, failing which he may disregard the request and rule by drawing all the consequences from the party’s failure to act…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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