LexInter | April 15, 2017 | 0 Comments


Sub-section I: The judge rapporteur

Article 862

The judge rapporteur can hear the parties.
He may invite them to provide the explanations he considers necessary for the resolution of the dispute and demand them to produce, within the time limit he determines, any documents or justifications suitable for enlightening the court, failing which he may pass. additionally and send the case back to the court which will draw any consequences from the party’s abstention or refusal.

Article 863

   The judge rapporteur notes the conciliation, even partial, of the parties.

Article 864

   The judge rapporteur proceeds to the junctions and disjunctions of instance.

Article 865

The judge rapporteur may order, even ex officio, any investigative measure.
He settles the difficulties relating to the communication of documents.
He notes that the proceedings have ended. In this case, it decides, if necessary, on the costs.

Article 866

The measures taken by the judge rapporteur are the subject of a simple mention in the file: notice is given to the parties.
However, in the cases provided for in the preceding article, the reporting judge rules by reasoned order, subject to the specific rules for investigative measures.

Article 867

   The orders of the judge rapporteur do not have, in the main, the authority of res judicata.

Article 868

The orders of the judge rapporteur are not subject to any appeal regardless of the judgment on the merits.
However, they may be appealed against, either in the cases and conditions provided for in matters of expertise, or within fifteen days of their date when they note the termination of the proceedings.

Article 869

The judge rapporteur may, if the parties do not object, hold the hearing alone to hear the pleadings. He reports to the court in his deliberations.
In other cases, he refers the case to court as soon as the state of the investigation allows.

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