Article 293 of the French Code of civil procedure
November 8, 2023
Witnesses may be those who saw the disputed writing being written or signed or whose testimony appears useful in establishing the truth.
Witnesses may be those who saw the disputed writing being written or signed or whose testimony appears useful in establishing the truth.
The judge settles any difficulties in carrying out the handwriting verification, in particular as regards the determination of the comparison documents. His decision takes the form either of a simple mention in the file or in the hearing register or, if necessary, of an order or judgment. .
If it is found that the document was written or signed by the person who denied it, that person shall be sentenced to a civil fine of a maximum of 10,000 euros without prejudice to any damages that may be claimed.
When the verification of handwriting is requested as a principal claim, the judge shall hold the writing to be recognised if the defendant summoned in person does not appear.
If the defendant acknowledges the handwriting, the judge acknowledges it to the plaintiff.
If the defendant denies or ignores the writing, the procedure shall be as set out in Articles 287 to 295. The same applies where the defendant who has not been summoned in person fails to appear.
If a private writing produced in the course of proceedings is argued to be false, the disputed writing shall be examined as provided in Articles 287 to 295.
If a private document is alleged to be false as a principal claim, the summons shall state the grounds of falsity and summon the defendant to declare whether or not he intends to make use of the document alleged to be false or falsified.
If the defendant declares that he does not wish to use the writing alleged to be forged, the judge shall acknowledge this fact to the plaintiff.
If the defendant does not appear or declares that he wishes to use the disputed writing, the procedure shall be as set out in Articles 287 to 295.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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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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