Article 913 of the French Code of civil procedure
November 7, 2023
The Pre-Trial Judge may order the lawyers to bring their submissions into line with the provisions of Articles 954 and 961.
The Pre-Trial Judge may order the lawyers to bring their submissions into line with the provisions of Articles 954 and 961.
The parties shall submit to the Conseiller de la mise en état, who shall have sole jurisdiction from his appointment until the close of the hearing, their submissions, specially addressed to that magistrate, seeking: – declare the appeal null and void; – declare the appeal inadmissible and decide on this occasion any question relating to the admissibility of the appeal; the pleas tending to the inadmissibility of the appeal must…
The Conseiller de la mise en état, when the matter is referred to him, has sole jurisdiction to suspend the enforcement of judgments improperly qualified as final judgments and to exercise the powers conferred on him in relation to provisional enforcement.
Orders of the Conseiller de la Mise en Condition are not subject to appeal independently of the judgment on the merits. However, they may be referred by application to the court within fifteen days of their date when they have the effect of putting an end to the proceedings, when they establish that they are terminated or when they relate to provisional measures in matters of divorce or legal separation….
If the rights of a party are in jeopardy, the first president may, on application, fix the day on which the case will be called by priority. He shall designate the chamber to which the case shall be distributed. The provisions of the preceding paragraph may also be implemented by the first president of the court of appeal or by the Conseiller de la mise en état when exercising the…
The application must set out the nature of the danger, contain submissions on the merits and refer to supporting documents. A copy of the decision or a copy certified by the lawyer must be attached. Copies of the application and exhibits must be submitted to the first president for inclusion in the court file.
The statement of appeal shall refer to the order of the first president. The copies intended for the respondents shall be returned to the appellant. The application may also be submitted to the first president no later than eight days after the statement of appeal.
The appellant summons the opposing party for the day fixed. Copies of the application, the order of the first president, and a copy of the statement of appeal endorsed by the registrar or a copy of the statement of appeal in the case referred to in the third paragraph of Article 919, are attached to the summons. The summons informs the respondent that, if he fails to constitute a lawyer…
The respondent is obliged to constitute a lawyer before the date of the hearing, failing which he will be deemed to stick to his pleas at first instance.
The matter is referred to the court by delivering a copy of the summons to the court registry. This delivery must be made before the date set for the hearing, failing which the statement will lapse. Lapse is established ex officio by order of the president of the chamber to which the case is distributed.
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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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