Article 446-3
…rd the request and rule by drawing all the consequences from the party's failure to act or his refusal. Where the exchanges take place outside a hearing pursuant to articles 446-2 of this Code or L. 2…
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Showing 4171–4180 of 33459 articles for “Art. 1178 al. 3”
…rd the request and rule by drawing all the consequences from the party's failure to act or his refusal. Where the exchanges take place outside a hearing pursuant to articles 446-2 of this Code or L. 2…
The application for authorisation of the prise à partie procedure shall be brought before the first president of the court of appeal within whose jurisdiction the judge concerned sits.
The refusal decision may be appealed to the Court of Cassation within fifteen days of its pronouncement. The appeal shall be lodged, investigated and judged in accordance with the procedure without co…
The claimant summons the judge for the set day. On pain of inadmissibility of the application, a copy of the application, the decision of the first president and the supporting documents shall be atta…
In the event of an appeal, the matter may be referred to the first president in order to halt the provisional enforcement of the decision where there is a serious plea for annulment or reversal and en…
The decision of the first president authorising the party-in-chief procedure sets the day on which the case will be heard by two chambers of the court combined. The court registry shall bring the deci…
A final stay decision may be appealed by way of cassation, but only for breach of the rule of law.
The judge, as soon as he is aware of the decision authorising the taking to task procedure, shall abstain until the taking to task has been decided.
Where provisional execution has not been requested, or if, having been requested, the judge has omitted to rule, it may be requested, in the event of an appeal, only from the first president or, as so…
…e parties shall be represented and assisted in accordance with the conditions laid down in Article 931. The court rules after hearing the opinion of the public prosecutor.
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