Title VII: Challenges

Any judge or adviser may be challenged for the following reasons:

1° If the judge or his spouse or his partner linked by a civil solidarity pact or his cohabitee are relatives or allies of one of the parties or of his spouse, his partner linked by a civil solidarity pact or his cohabitee up to and including the degree of cousin descended from the first degree.

The challenge may be exercised against the judge, even in the event of divorce or the death of his spouse, his partner linked by a civil solidarity pact or his cohabitee, if he was related to one of the parties up to and including the second degree ;

2° If the judge or his spouse or his partner linked by a civil solidarity pact or his cohabitee, if the persons of whom he is guardian, subrogated guardian, curator or legal adviser, if the companies or associations in whose administration or supervision he participates have an interest in the dispute ;

3° If the judge or his spouse or his partner bound by a civil solidarity pact or his cohabiting partner, is a relative or ally, up to the degree indicated above, of the tutor, subrogated tutor, curator or legal adviser of one of the parties or of a director, manager or managing director of a company, party in question;

4° If the judge or his or her spouse or partner bound by a civil solidarity pact or cohabiting partner is in a situation of dependence on one of the parties;

5° If the judge has had knowledge of the trial as a magistrate, arbitrator or counsel, or if he has given evidence as a witness on the facts of the trial;

6° If there has been a trial between the judge, his spouse, his partner linked by a civil solidarity pact or his cohabitee their relatives or allies in the same line, and one of the parties, his spouse, or his relatives or allies in the same line;

7° If the judge or his spouse or his partner in a civil solidarity pact or his cohabiting partner, have a trial before a court in which one of the parties is a judge;

8° If the judge or his spouse or his partner linked by a civil solidarity pact or his cohabitee, their parents or relatives in the direct line have a dispute on the same issue as that debated between the parties;

9° If there have been any manifestations between the judge or his spouse or his partner linked by a civil solidarity pact or his cohabitee and one of the parties serious enough to raise suspicions about his impartiality.