FRANCE Law and Practice Contributed by: Thierry Marembert, Cécile Labarbe and Céline Serpagli, Kiejman & Marembert
Whereas administrative proceedings tend to be based mainly on written materials (oral arguments being lim- ited), judicial proceedings are based on filing submis- sions and evidence, concluding with oral arguments at a dedicated hearing in front of a panel of either three judges or a single judge. However, and except for criminal trials, oral arguments are generally lim- ited to one hour or two, without involving witnesses or experts at trial. In some courts (such as tribunaux judiciaires ), each party will generally present its closing argument through its attorney, with minimal intervention from the judges, while in other courts (such as tribunaux de commerce ) the oral argument is more interactive, with the judge(s) asking for clarifications on certain points. 7.2 Case Management Hearings After the filing of the initial writ of summons, most courts hold case management hearings every four weeks or so to prepare the case file for the oral argu- ments and to rule over any interlocutory motions (lack of jurisdiction, dispute over evidence, etc). Certain proceedings may be conducted without any hearing before tribunaux judiciaires , when the parties expressly agree to such. In this case, the factual and legal reasoning, as well as the claims, shall be submit- ted exclusively in writing. 7.3 Jury Trials in Civil Cases Under French law, jury trials only exist for the most serious criminal matters before the Cour d’assises , which has jurisdiction to judge criminal acts punish- able with over 20 years of imprisonment. Jury trials are excluded in all civil, commercial, labour and adminis- trative disputes. 7.4 Rules That Govern Admission of Evidence The types of evidence that are admissible depend on the jurisdiction. For civil matters, there are certain rules (not applicable before commercial courts) that restrict admissible evidence, depending on the nature and gravity of the dispute. Evidence generally consists of documentary evidence, testimonies and investigative measures decided by the court during case management hearings. Usually,
at least in civil and commercial trials, evidence must be brought to the court by the parties. Contrary to criminal proceedings, civil and commer- cial courts used to reject evidence obtained by unlaw- ful or disloyal means, but the Supreme Court ruled in 2023 that unlawfully obtained evidence could be admissible if it is strictly necessary and proportionate to prove the claim. 7.5 Expert Testimony Although parties can file experts’ written reports as evidence or ask the court to appoint an expert to make an assessment on a specific issue, it is rare that experts provide testimony at trial, even those experts appointed by the court. This is because the trial hearing is mostly limited to an oral presentation of the parties’ arguments where the parties’ attorneys summarise the evidence of their clients, rather than cross-examine the evidence with witnesses or experts being present (except before the International Com- mercial Chamber of the Paris Court of Appeal – see 1.2 Court System ). 7.6 Extent to Which Hearings Are Open to the Public In principle, closing argument hearings are public (with limitations in certain matters – see 1.3 Court Filings and Proceedings ). Transcripts are very limited, even in criminal matters, and the dialogue of the persons pre- sent is never recorded verbatim, except before Cours d’assises under certain circumstances. Except in simple disputes and before Cours d’assises , judgments are issued weeks or months after the clos- ing argument hearing (typically four to eight weeks). Parties have access to the full judgment of their case. Under certain conditions, third parties may also request copies of judgments. Moreover, in principle, the public has access to anonymised versions of deci- sions rendered by French courts, since an executive order of June 2020 enshrined the open data of court decisions. Judicial court decisions must be posted online within six months of their issuance (two months for administrative courts).
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