ALL-PURPOSE ASSIGNMENT PROCEDURE
LexInter | July 29, 2003 | 0 Comments

ALL-PURPOSE ASSIGNMENT PROCEDURE

Chapter II: The subpoena procedure

Article 836

(Decree n ° 2003-542 of June 23, 2003 art. 17 Official Journal of June 25, 2003 in force on September 15, 2003)

The summons contains, under penalty of nullity, in addition to the particulars prescribed in article 56  :
1 ° The place, day and time of the hearing at which conciliation will be attempted if it has not already been attempted, and where applicable. , the case decided;
2 ° If the applicant resides abroad, the surname, first names and address of the person with whom he takes up residence in France.
The document instituting the proceedings also mentions the conditions under which the defendant may be assisted or represented, as well as, if applicable, the name of the plaintiff’s representative.
 

Article 837

(Decree n ° 2003-542 of June 23, 2003 art. 17 Official Journal of June 25, 2003 in force on September 15, 2003)
   The summons must be issued at least fifteen days before the date of the hearing. 

Article 838

(Decree n ° 2003-542 of June 23, 2003 art. 17, art. 19 I Official Journal of June 25, 2003 in force on September 15, 2003) 
(Decree n ° 2004-836 of August 20, 2004 art. 52 I Official Journal of August 22, 2004 in force on January 1, 2005) 
(Decree n ° 2005-1678 of December 28, 2005 art. 20 Official Journal of December 29, 2005 in force on March 1, 2006)

The judge is seized, at the request of either party, by handing over to the registry, a copy of the summons.
This postponement must take place at the latest eight days before the date of the hearing, under penalty of nullity of the summons recorded ex officio by order of the judge, or, failing that, at the request of a party.
 

Article 839

(Decree n ° 2003-542 of June 23, 2003 art. 17 Official Journal of June 25, 2003 in force on September 15, 2003)

In an emergency, the time limits for appearance and delivery of the summons may be reduced by authorization of the judge.

Article 840

(Decree nº 98-1231 of December 28, 1998 art. 24 Official Journal of December 30, 1998 in force on March 1, 1999) 
(Decree n ° 2003-542 of June 23, 2003 art. 17 Official Journal of June 25, 2003 in force on September 15, 2003)

The judge tries to reconcile the parties. The attempt at conciliation can take place in his office.
It can also be conducted by a court conciliator appointed without any particular formality by the judge with the agreement of the parties.

Article 841

(Decree n ° 82-716 of August 10, 1982 art. 1 Official Journal of August 17, 1982) 
(Decree n ° 2003-542 of June 23, 2003 art. 17 Official Journal of June 25, 2003 in force on September 15, 2003)

In the absence of conciliation, the case is immediately judged or, if it is not ready to be, sent back to a subsequent hearing. In the latter case, the clerk advises by simple letter the parties who have not been verbally, of the date of the hearing.
 

Article 842

(Decree n ° 82-716 of August 10, 1982 art. 1 Official Journal of August 17, 1982)
(Decree n ° 2003-542 of June 23, 2003 art. 17 Official Journal of June 25, 2003 in force on September 15, 2003)
   The continuation of the proceedings after the execution of an investigative measure or the expiry of a period of stay of proceedings takes place on the notice which is given to the parties orally or by simple letter from the clerk.

Article 843

(Decree n ° 2003-542 of June 23, 2003 art. 17 Official Journal of June 25, 2003 in force on September 15, 2003)

The proceedings are oral.
The parties’ claims or the reference they make to claims they have made in writing are noted in the file or recorded in a report.

Article 844

(Decree n ° 2003-542 of June 23, 2003 art. 17 Official Journal of June 25, 2003 in force on September 15, 2003)

The judge may invite the parties to provide the explanations he considers necessary for the solution of the dispute and demand them to produce within the time limit he determines all the documents or justifications suitable for enlightening him, failing which, he may override and rule, except to draw any consequences from the abstention of the party or its refusal.

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