The claimant summons the judge for the set day. On pain of inadmissibility of the application, a copy of the application, the decision of the first president and the supporting documents shall be attached to the summons. A copy of the summons is sent to the Public Prosecutor by registered letter with acknowledgement of receipt at the request of the bailiff. .
At the hearing, the parties shall be represented and assisted in accordance with the conditions laid down in Article 931. The court rules after hearing the opinion of the public prosecutor.
On pain of inadmissibility of the application referred to in Article 366-1, the claimant who invokes a denial of justice must produce two summonses to judgment delivered by bailiff to the court registry. The court clerk endorses the original and forwards it to the judge. The summons must be repeated after a period of eight days.
The judge may, at the request of the parties or of his own motion, order the joinder of several proceedings pending before him if there is a link between the disputes such that it is in the interests of good justice to have them heard or determined together. He may also order the severance of one proceeding into several.
Decisions to join or separate proceedings are measures of judicial administration.
Proceedings are interrupted by: – the majority of a party; – the cessation of the lawyer’s duties where representation is compulsory; – the effect of the judgment pronouncing the safeguard, the judicial reorganisation or the judicial liquidation in cases where it entails assistance or divestment of the debtor; – the conclusion of a participatory procedure agreement for the purposes of pre-trial proceedings including in the event of withdrawal from the…
As from the notification made to the other party, the proceedings are interrupted by: – the death of a party in cases where the action is transmissible; – the cessation of functions of the legal representative of a minor and of the person responsible for the legal protection of a person of full age; – the recovery or loss by a party of the capacity to institute legal proceedings. .
Under no circumstances are proceedings interrupted if the event occurs or is notified after the opening of the proceedings.
Acts performed and judgments, even those that have become res judicata, obtained after the proceedings have been interrupted, are deemed to be null and void unless they are expressly or tacitly confirmed by the party in whose favour the interruption is intended.
The proceedings may be resumed voluntarily in the manner provided for the presentation of the defence. Failing voluntary resumption, it may be resumed by way of summons.
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75001, Paris France
RCS Paris n°814433470
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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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