Article 775 of the French Code of civil procedure
November 8, 2023
The procedure is written unless otherwise specified.
The procedure is written unless otherwise specified.
Subject to the provisions of Article 1108, on the day of the orientation hearing, the case shall be called before the president of the chamber seised or to which the case has been distributed. The latter shall discuss the status of the case with the lawyers present, asking them in particular whether they intend to enter into a participatory procedure agreement for the purposes of preparing the case for trial…
Where the parties and their lawyers prove that they have concluded a participatory procedure agreement for the purposes of preparing the case for hearing, the President shall take the measures provided for in the second paragraph of Article 1546-1. Except in the case of removal from the list, he appoints the Pre-Trial Judge. .
The president shall refer to the oral hearing those cases which, on the basis of the lawyers’ explanations and in view of the submissions exchanged and the exhibits communicated, appear to him to be ready to be judged on the merits. He shall also refer to the oral hearing those cases in which the defendant does not appear if they are ready to be judged on the merits, unless he…
The President may decide that the lawyers will appear before him again, on a hearing date that he fixes, to confer on the case one last time if he considers that a final exchange of submissions or a final communication of exhibits is sufficient to put the case in order or that the parties’ submissions must be brought into conformity with the provisions of Article 768. The parties may also…
The case is heard under the supervision of a judge of the chamber to which the case is referred or to which it has been assigned. This judge is responsible for ensuring that the proceedings are conducted fairly, in particular that the pleadings are exchanged and the exhibits communicated on time. He may hear the lawyers and give them any useful information. It may also, if necessary, issue injunctions. It…
The Pre-Trial Judge shall set, as and when required, the time limits necessary for the hearing of the case, having regard to the nature, urgency and complexity of the case, and after seeking the opinion of the lawyers. He may grant extensions of time. He may, after obtaining the opinion of the lawyers, set a timetable for the preparation of the case. The timetable shall include the foreseeable number and…
The Pre-Trial Judge may invite the lawyers to respond to the pleas in law on which they have not reached a conclusion, to provide the explanations of fact and law necessary for the resolution of the dispute and, where appropriate, to bring their pleadings into line with the provisions of Article 768. He may be provided with the originals of documents submitted to the court or request that copies be…
The Pre-Trial Judge shall proceed with the joinder and severance of proceedings.
The pre-trial judge may, even of his own motion, hear the parties. The parties shall be heard by both parties unless one of them, duly summoned, fails to appear.
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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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