LexInter | June 4, 2003 | 0 Comments



Sub-section I: Summons

Article 855

The summons contains, on pain of nullity, in addition to the particulars prescribed by article 56 :
1 ° The place, day and time of the hearing to which the case will be called;
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 856

   The summons must be issued at least fifteen days before the date of the hearing.

Article 857

Decree nº 2005-1678 of December 28, 2005 art. 21 Official Journal of December 29, 2005 in force on March 1, 2006)

   The case is brought before the court, at the behest of one or the other party, by the delivery to the registry of 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, as the case may be, of the president or the judge rapporteur, or, failing that, to the request of a party.

Article 858

   In urgent cases, the time limits for appearance and delivery of the summons may be reduced by authorization of the president of the court.
   In maritime and air affairs, the summons may be given, even hour to hour, without authorization from the president, when there are parties not domiciled or if it concerns urgent and provisional matters.

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