Where the enquiry takes place before the judge ordering it or before one of the members of the bench, the decision shall indicate the day, time and place where it will be held.
If the judge assigned within the court does not belong to the trial panel, the decision ordering the enquiry may simply state the time limit within which it must be carried out. In the event of another court being commissioned, the decision shall specify the time limit within which the enquiry must be carried out. This time limit may be extended by the president of the court commissioned, who shall…
Witnesses shall be summoned by the court clerk at least eight days before the date of the enquiry.
The summonses shall mention the full names of the parties and reproduce the provisions of the first two paragraphs of article 207.
The parties are notified of the date of the enquiry verbally or by simple letter.
The judge may, at the hearing or in his chambers, as well as in any place where an investigative measure is being carried out, hear on the spot any persons whose testimony he deems useful for ascertaining the truth.
The judge may appoint any person of his choice to enlighten him by findings, consultation or expert opinion on a question of fact that requires the insights of a technician.
The technician, vested with his powers by the judge by virtue of his qualification, must personally carry out the assignment entrusted to him. If the appointed technician is a legal entity, its legal representative shall submit to the judge for approval the name of the natural person or persons who will carry out the measure within the legal entity and on its behalf.
Technicians may be challenged on the same grounds as judges. In the case of a legal entity, the challenge may concern both the legal entity itself and the natural person(s) approved by the judge. The party who intends to challenge the technician must do so before the judge who appointed him or before the judge in charge of the review before the start of the operations or as soon as…
If the challenge is admitted, if the technician refuses the assignment, or if there is a legitimate impediment, the technician shall be replaced by the judge who appointed him or by the judge in charge of the review. The judge may also, at the request of the parties or of his own motion, replace the technician who fails in his duties, after having invited his explanations.
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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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