Subsection II: Summary orders.

An interim order is a provisional decision given at the request of one party, the other present or called, in cases where the law confers on a judge who is not seised of the main proceedings the power to immediately order the necessary measures.

The application shall be made by summons to a hearing held for that purpose on the usual day and time for summary proceedings. If, however, the case requires expedition, the summary proceedings judge may allow summons to be served, at the time indicated, even on public holidays or non-working days.

The judge shall ensure that sufficient time has elapsed between the summons and the hearing for the party summoned to have been able to prepare its defence.

Where the application for interim relief relates to an investigative measure carried out by a technician or to an expert assessment measure, the defendant who has indicated, before the hearing, that he acquiesces in the application, is exempted from appearing. However, the judge may still order the defendant to appear before him. The decision rendered under these conditions is contradictory.

The interim relief judge shall have the option of referring the case for interim relief to the panel of the court at a hearing the date of which he shall fix.

An order for interim relief does not have the authority of res judicata in the main proceedings. It can only be modified or set aside in summary proceedings in the event of new circumstances.

If necessary, the judge may order that the summary order be enforced on the basis of the minutes alone.

An interlocutory injunction may be appealed against unless it is issued by the first president of the court of appeal or it was issued as a last resort by reason of the amount or subject matter of the claim. An order given in final instance by default is subject to opposition. The time limit for appeal or opposition is fifteen days.

The interim relief judge who imposes a penalty payment may reserve the right to liquidate it. He shall rule on the costs.

The minutes of summary orders are kept at the court registry.