French Code of civil procedure

The magistrate hearing the case may hear the parties. He has the pre-trial powers provided for in Article 446-3.

The magistrate in charge of hearing the case notes the conciliation, even partial, of the parties. He notes the termination of the proceedings.

The magistrate in charge of hearing the case decides on any difficulties relating to the communication of documents. He joins and separates proceedings.

The magistrate in charge of investigating the case may: – order, even of his own motion, any investigative measure; – order, where appropriate, under penalty of a fine, the production of documents held by a party, or by a third party if there is no legitimate impediment.

The magistrate hearing the case may grant the creditor an advance payment where the existence of the obligation is not seriously disputable, as well as order any other provisional measure.

The decisions of the magistrate in charge of hearing the case do not have the authority of res judicata in the main proceedings. They are not subject to any appeal independently of the judgment on the merits. However, they may be referred by simple application to the court within fifteen days of their date when they establish that the proceedings have been terminated.

The magistrate in charge of hearing the case may, if the parties do not object, hold the hearing alone to hear the pleadings. He reports to the court in its deliberations.

The proceedings shall be oral. The court or the magistrate hearing the case 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 court or the judge hearing the case shall arrange for the parties to communicate with each other. Communication between them shall be made by registered letter with acknowledgement of receipt or by…

Unless the case is decided at the first hearing, the Registrar shall notify by any means the parties who have not been notified orally of the date of subsequent hearings. .

The party whose rights are in jeopardy may, even if a hearing date has already been set, ask the first president of the court to hold the case, as a matter of priority, at a future hearing. If his request is granted, the applicant is immediately notified by all means of the date set. The opposing party shall be summoned by a writ issued by a bailiff at the request…