Section 3: Closure of the investigation and referral to the oral hearing

The closure of the investigation, in the cases provided for in Articles 778,779,799and 800, shall be made by an unreasoned order that may not be appealed. A copy of this order shall be delivered to the lawyers.

Except where the provisions of the second paragraph of Article 781, the Pre-Trial Judge shall declare the investigation closed as soon as the state of the investigation permits and shall refer the case back to the court to be argued on the date set by the President or by himself if he has been delegated to do so. The date of closure must be as close as possible to the…

If one of the lawyers has not completed the acts of the procedure within the time limit set, the judge may order the proceedings to be terminated in respect of that lawyer, of his own motion or at the request of another party, except that, in the latter case, the judge may refuse by reasoned order that is not subject to appeal. A copy of the order is sent to…

If the lawyers fail to complete the procedural acts within the time limits set, the Pre-Trial Judge may, ex officio, after giving notice to the lawyers, issue a reasoned striking-off order that is not subject to appeal. A copy of this order shall be sent to each of the parties by simple letter addressed to their actual domicile or residence.

After the closing order, no pleadings may be lodged or exhibits produced at the debates, on pain of inadmissibility pronounced ex officio. However, applications to intervene voluntarily, submissions relating to accrued rent, arrears, interest and other incidental costs and disbursements made up to the opening of the debates are admissible, if their calculation cannot be the subject of any serious dispute, as well as applications to revoke the closing order….

The closure order may only be revoked if a serious cause has come to light since it was made; the constitution of a lawyer subsequent to the closure does not, in itself, constitute a cause for revocation. If an application for voluntary intervention is made after the closure of the investigation, the closure order is revoked only if the court cannot immediately rule on the whole. The closing order may…

The Pre-Trial Judge gives an oral report on the case at the hearing before the oral arguments. Exceptionally, the report may be made by the president of the chamber or another judge designated by him. The report sets out the subject matter of the application and the parties’ pleas in law, specifies the questions of fact and law raised by the dispute and mentions the elements likely to enlighten the…

The pre-trial judge or the magistrate in charge of the report may, if the lawyers do not object, hold the hearing alone to hear the pleadings. He reports to the court in his deliberations.

Where the provisions of the fourth paragraph of Article 799, the President of the Chamber, on expiry of the time limit set for the submission of the files, shall inform the parties of the names of the judges of the Chamber who will be called upon to deliberate and of the date on which judgment will be given. The procedure set out in Article 444 shall be followed where the…

Investigative measures ordered by the court are carried out under the supervision of the pre-trial judge, subject to the provisions of the third paragraph of Article 155. On completion of an investigative measure, the president of the chamber to which the case has been distributed shall refer it to the court hearing or to the pre-trial judge as stated in section 2 above.