Book I: Provisions common to all courts

The investigative measure ordered may be executed immediately.

The parties and third parties who are required to assist with the investigative measures shall be summoned, as the case may be, by the clerk of the judge conducting the investigation or by the technician appointed. The summons is sent by registered letter with acknowledgement of receipt. The parties may also be summoned by giving their defence counsel a simple bulletin. The parties and third parties may also be summoned…

The parties may be assisted during the execution of an investigative measure. They may be excused from attending if the measure does not involve their personal hearing.

The person who represents or assists a party before the court that has ordered the measure may follow its enforcement, wherever it takes place, make observations and submit all requests relating to that enforcement even in the absence of the party.

The public prosecutor may always be present during the execution of investigative measures, even if he is not the main party.

Investigative measures carried out before the court are carried out in open court or in chambers according to the rules applicable to hearings on the merits.

The judge may, in order to carry out an investigative measure or witness its execution, travel without being assisted by the court clerk.

The judge in charge of carrying out an investigative measure or supervising its execution may order such other investigative measure as would make it appropriate to carry out the one already prescribed.

Any difficulties encountered in the execution of an investigative measure shall be settled, at the request of the parties, on the initiative of the technician appointed, or ex officio, either by the judge who carries out the measure or by the judge responsible for supervising its execution.

The judge shall give a ruling on the spot if the difficulty arises in the course of a transaction in which he is carrying out or assisting. In all other cases, the judge seised without form shall fix the date for which the parties and, if applicable, the technician appointed will be summoned by the court registrar.