Decisions Ordering Instructions
NEW CODE OF CIVIL PROCEDURE
Section I: Decisions ordering investigative measures
The facts on which the solution of the dispute depends may, at the request of the parties or ex officio, be the subject of any legally admissible investigative measure.
Investigative measures can be ordered in any case, if the judge does not have sufficient elements to give a ruling.
EXPERTISE IN FUTURUM
If there is a legitimate reason to preserve or establish before any trial the proof of facts on which the solution of a dispute could depend, the legally admissible investigative measures may be ordered at the request of any interested party, on request or in summary.
An investigative measure can only be ordered on a fact if the party alleging it does not have sufficient elements to prove it.
Under no circumstances may an investigative measure be ordered in order to make up for the party’s deficiency in the administration of evidence.
The judge must limit the choice of the measure to what is sufficient for the solution of the dispute, while endeavoring to retain what is the simplest and the least expensive.
The judge can combine several investigative measures. It may, at any time and even during execution, decide to add any other necessary measure to those which have already been ordered.
The judge may at any time increase or restrict the scope of the prescribed measures.
The decision ordering or modifying an investigative measure is not open to opposition; it may not be subject to appeal or cassation, regardless of the judgment on the merits, except in the cases specified by law.
The same applies to the decision refusing to order or modify a measure.
When it cannot be the subject of an appeal independently of the judgment on the merits, the decision may take the form of a simple entry in the file or in the hearing register.
The decision which, during the proceedings, is limited to ordering or modifying an investigative measure is not notified. The same applies to the decision refusing to order or modify the measure.
The secretary sends a copy of the decision by simple letter to the defaulting or absent parties when the decision is delivered.
The decision ordering an investigative measure does not relinquish jurisdiction from the judge.
Investigative measures are carried out at the initiative of the judge or of one of the parties according to the rules specific to each matter, on the basis of an extract or a certified copy of the judgment.