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Article 1006 of the French Code of civil procedure

The respondent to the appeal shall have a period of fifteen days from notification of the appellant’s statement of case or from the expiry of the one-month period provided for in Article 1004 to deliver a statement in response against a receipt, or send it by registered letter, to the registry of the Cour de cassation. Within the same time limit, it shall notify the claimant, by registered letter, of…

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Article 1007 of the French Code of civil procedure

If a lawyer at the Conseil d’Etat and the Cour de Cassation has declared to the clerk’s office that he is representing a party, the notification provided for in Article 1005 or to Article 1006 may be made to that lawyer, where appropriate, by notification between lawyers. The delivery to the lawyer, against a receipt, of a copy of the pleading, bearing the date stamp of the court registry, is…

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Article 1008 of the French Code of civil procedure

If the statement of appeal has been made in the form of the procedure with compulsory representation, the appeal is nonetheless admissible regardless of the procedure subsequently followed, paragraph 1 of article 1004 nevertheless remains applicable. The defendant is not required to be represented by a lawyer at the Conseil d’Etat and the Cour de cassation.

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Article 1009 of the French Code of civil procedure

The First President, or his delegate, at the request of one of the parties or of his own motion, may, after obtaining the opinion of the Public Prosecutor, reduce the time limits laid down for the filing of pleadings and exhibits. In such a case, the President of the competent panel shall set the date of the hearing as soon as the rapporteur or rapporteurs have been appointed.

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Article 1009-1 of the French Code of civil procedure

In matters other than those where the appeal prevents the execution of the contested decision, the First President or his delegate shall decide, at the request of the defendant and after obtaining the opinion of the Public Prosecutor and the observations of the parties, to strike out a case where the plaintiff does not prove that he has executed the decision appealed against, unless it appears to him that execution…

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Article 1009-2 of the French Code of civil procedure

The limitation period shall run from the date of notification of the decision ordering the striking off. It shall be interrupted by an act unequivocally expressing the intention to enforce. The First President or his delegate may, even of his own motion, after inviting the parties to present their observations, declare the lapse of time.

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Article 1009-3 of the French Code of civil procedure

The first president or his delegate shall, unless he finds that the case has lapsed, authorise the case to be reinstated on the court’s roll on proof that the contested decision has been enforced. The time limits imposed on the defendant by the articles 982 and 991 shall run from the date of notification of the case’s reinstatement on the roll.

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Article 1010 of the French Code of civil procedure

The cross-appeal, even if provoked, must, on pain of inadmissibility pronounced ex officio, be made in the form of a factum and contain the same particulars as the plaintiff’s factum. The factum must, under the same penalty: – be delivered to the registry of the Cour de cassation before the expiry of the time-limit laid down for the delivery of the factum in reply; – be served within the same…

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Article 1012 of the French Code of civil procedure

The chairman of the panel to which the case is distributed shall appoint a councillor or a referendary councillor of that panel as rapporteur. He may immediately fix the date of the hearing. He may, after obtaining the agreement of the parties, appoint a mediator to hear the parties and compare their points of view to enable them to find a solution to the dispute between them, in accordance with…

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