Article 433 of the French Code of civil procedure
Discussions shall be public except where the law requires them to be held in chambers. What is provided for in this respect at first instance shall be observed on appeal, unless otherwise provided.
Discussions shall be public except where the law requires them to be held in chambers. What is provided for in this respect at first instance shall be observed on appeal, unless otherwise provided.
In non-contentious matters, the application is examined in the Council Chamber.
The judge may decide that the hearings will take place or will continue in chambers if their public nature would result in an invasion of privacy, or if all the parties so request, or if disturbances of such a nature as to disturb the serenity of justice arise.
In the Council Chamber, the procedure is carried out without the public being present.
If it appears or if it is claimed either that the debates should take place in chambers when they are taking place in open court, or the reverse, the president will rule immediately and the incident will be disregarded. If the hearing is continued in its regular form, no nullity based on its previous conduct may subsequently be pronounced, even of his own motion.
The president shall ensure the order of the hearing. Anything he orders to ensure this must be carried out immediately. Judges have the same powers in the places where they exercise the functions of their state.
People attending the hearing must observe a dignified attitude and maintain the respect due to justice. It is forbidden for them to speak without having been invited to do so, to give signs of approval or disapproval, or to cause disorder of any kind. The Chairman may have any person expelled who fails to comply with his injunctions, without prejudice to any criminal or disciplinary proceedings that may be brought…
The chairman presides over the proceedings. He gives the floor to the rapporteur in the event that a report is to be made. The plaintiff, then the defendant, are then invited to set out their claims. When the court considers itself enlightened, the president stops the pleadings or observations presented by the parties in their defence.
Even in cases where representation is compulsory the parties, assisted by their representative, may themselves make oral submissions. The court has the power to deprive them of the floor if passion or inexperience prevents them from discussing their case with proper decency or the necessary clarity.
The chairman and the judges may invite the parties to provide any explanations of law or fact that they consider necessary or to clarify anything that appears obscure.
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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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