Sub-section III: Orders on request.

An ordonnance sur requête is a provisional decision rendered in a non-adversarial manner in cases where the applicant is justified in not calling an opposing party.

The application must be submitted in duplicate. It must state the reasons on which it is based. It must include a precise indication of the documents relied on. If it is presented in the course of proceedings, it must indicate the court seised. In urgent cases, the application may be presented at the judge’s domicile.

The order on application shall state the reasons on which it is based. It shall be enforceable on the basis of the minutes alone. A copy of the application and the order shall be left with the person against whom it is made.

If the request is not granted, an appeal may be lodged unless the order is issued by the First President of the Court of Appeal. The time limit for appeal is fifteen days. The appeal is lodged, investigated and judged as in non-contentious matters. If the application is granted, any interested party may refer the matter to the judge who made the order.

The judge has the option of amending or retracting his order, even if the case is before the judge hearing the case on the merits.