Article 859 of the French Code of civil procedure
November 8, 2023
The parties may set out their claims by joint motion.
The parties may set out their claims by joint motion.
The matter is referred to the court by delivery of the joint petition.
The procedure is oral.
If conciliation between the parties appears feasible, the court may appoint a conciliator for this purpose. This appointment may take the form of a simple mention in the case file.
In the absence of conciliation, if the case is not ready for trial, the panel shall refer it to a future hearing or assign one of its members to hear it. Unless the case is decided at the first hearing, the court clerk shall notify by any means the parties who have not been notified orally of the date of subsequent hearings.
The court may, in accordance with the second paragraph of Article 446-1, exempt a party who so requests from attending a subsequent hearing. In this case, the judge 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 proof thereof shall be provided to the court within the time limit set by the court. At…
Without prejudice to the provisions of Article 68, the incidental request for the granting of an extension of payment pursuant to Article 1343-5 of the Civil Code may be made by application made, delivered or addressed to the registry, where it shall be registered. The author of this request must prove before the hearing that the opposing party has been made aware of it by registered letter with acknowledgement of…
The judge responsible for hearing the case shall, where appropriate, organise exchanges between the parties appearing under the conditions and subject to the sanctions provided for in Article 446-2. He may dispense with a party’s attendance at a subsequent hearing under the conditions laid down in Article 861-1.
The judge hearing the case may hear the parties. He has the pre-trial powers provided for in Article 446-3.
The judge responsible for hearing the case shall establish that the parties have reached a settlement, even in part. He may also appoint a judicial conciliator under the conditions set out in article 860-2.
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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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