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Showing 5211–5220 of 56635 articles for “Art. Decree 2023-1409 of 29-12-2023”
The incidental application must set out the claims and pleas of the party making it and indicate the supporting documents.
Defences on the merits may be offered in any event.
An investigative measure may only be ordered in respect of a fact if the party alleging it does not have sufficient evidence to prove it. Under no circumstances may an investigative measure be ordered…
Decisions taken by the judge assigned or by the judge in charge of the review do not have the authority of res judicata.
The judge may, in order to verify them himself, in any matter take personal knowledge of the facts in dispute, the parties present or called. He shall make any observations, assessments, evaluations o…
If one of the parties is unable to appear, the judge who ordered the appearance or the judge appointed by the bench to which he belongs may go to that party after, if appropriate, summoning the opposi…
The judge may draw any legal conclusions from the declarations of the parties, or from the absence or refusal of one of them to reply, and may refer to them as equivalent to a prima facie case in writ…
The judge may always proceed by way of an enquiry to hear the author of an attestation.
Where the enquiry takes place before the judge ordering it or before one of the members of the bench, the decision shall indicate the day, time and place where it will be held.
The judge must rule on everything that is requested and only on what is requested.
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