If one of the parties is unable to appear, the judge who ordered the appearance or the judge appointed by the bench to which he belongs may go to that party after, if appropriate, summoning the opposing party.
The judge may summon minors and protected adults subject to the rules relating to the capacity of persons and the taking of evidence, as well as their legal representatives or those assisting them. He may summon legal entities, including public bodies and public establishments, in the person of their qualified representatives. He may also summon any member or agent of a legal entity to be questioned both about facts that…
The judge may draw any legal conclusions from the declarations of the parties, or from the absence or refusal of one of them to reply, and may refer to them as equivalent to a prima facie case in writing.
Where testimonial evidence is admissible, the judge may receive from third parties statements of such a nature as to throw light on the disputed facts of which they have personal knowledge. These statements are made by attestation or collected by way of investigation depending on whether they are written or oral.
Attestations shall be produced by the parties or at the request of the judge. The judge shall communicate to the parties those directly addressed to him.
Attestations must be drawn up by persons who are eligible to be heard as witnesses.
The attestation shall contain an account of the facts that the author witnessed or personally observed. It shall mention the author’s surname, forenames, date and place of birth, place of residence and profession. It mentions the surname, first names, date and place of birth, place of residence and profession of its author as well as, if applicable, his relationship of kinship or marriage to the parties, subordination to them, collaboration…
The judge may always proceed by way of an enquiry to hear the author of an attestation.
Where the investigation is ordered, evidence to the contrary may be adduced by witnesses without further decision.
Everyone may be heard as a witness, with the exception of persons who are incapacitated from giving evidence in court. Persons who are unable to give evidence may, however, be heard under the same conditions, but without taking an oath. However, descendants may never be heard on the grievances raised by the spouses in support of an application for divorce or legal separation.
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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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