Section 3: Judgement

In cases where the case is brought directly before it or where it appears that the case referred by the conciliation and referral office is not ready to be heard, the adjudication office may take all necessary measures to prepare the case for hearing as referred to in article R. 1454-1. If the parties fail to comply with the communication procedures laid down, the adjudication office may recall the case…

The Judgement Bureau may appoint one or two reporting advisors to the panel, who shall have the powers referred to in Article R. 1454-4. It may order any measures necessary to preserve the evidence or objects in dispute.

In accordance with the second paragraph of article 446-1 of the Code of Civil Procedure , the Judgement Bureau may exempt a party who so requests from attending a subsequent hearing. In this case, the Judgement Office organises exchanges between the parties. Communication between the parties shall be made by registered letter with acknowledgement of receipt or by notification between lawyers and evidence thereof shall be provided to the Judgement…

After the order for closure, no pleadings may be filed or exhibits produced in the proceedings, failing which they will be declared inadmissible ex officio. However, applications to intervene voluntarily, pleadings relating to remuneration accrued after the order for closure, if the amount of such remuneration cannot be seriously contested, and applications to revoke the order for closure are admissible. Submissions seeking the resumption of the proceedings in the state…

The closing order may only be revoked by the court, of its own motion or at the request of the parties and after the opening of the hearings, if a serious cause has arisen since the order was made; the party’s choice of a person to assist or represent it after the closure does not, in itself, constitute a cause for revocation. If an application to intervene voluntarily is filed…

If the defendant does not appear on the day of the hearing, the case is decided on the merits. However, if the defendant has provided proof of a legitimate reason in good time, he will be notified by any means of the next hearing of the judgement committee.

If the claimant fails to appear before the judgment committee without a legitimate reason, article 468 of the Code of Civil Procedure shall apply. If, after having been pronounced, the declaration of nullity is revoked, the claimant is notified by any means of the date of the hearing before the judgment office, to which the defendant is summoned by registered letter with acknowledgement of receipt.

When the parties reach a settlement, even in part, the adjudicating court will record the content of the agreement in a report. Where appropriate, the minutes shall state that the agreement has been implemented in whole or in part immediately before the court.

The decisions of the Judging Panel are taken by an absolute majority of votes. If such a majority cannot be obtained, the same procedure applies as in the case of a tie. The debates are resumed.

In the absence of the Chairman or Vice-Chairman called upon to chair the meeting of the Judicial Council, the chair may be exercised by a councillor belonging to the assembly to which the defaulting Chairman or Vice-Chairman belongs and designated as substitute in the manner provided for in articles L. 1423-3 to L. 1423-8 and R. 1423-13. Failing this, the chair is taken by the most senior councillor in office…