FRANCE Law and Practice Contributed by: Samuel Sauphanor, Alexandra Szekely, Timothée de Saint Viance and Benoît Barré, Le 16 Law
2.3 Obtaining Disclosure of Documents and Evidence From Third Parties French law does not offer broad discovery mechanisms comparable to common law sys - tems, but targeted disclosure from third parties is available under specific procedural frame - works, primarily Article 145 of the French Civil Procedure Code in civil matters and the inves - tigatory powers of prosecutorial authorities in criminal proceedings. Civil Proceedings – Limited Third-Party Disclosure In civil litigation, a party may request a judge to order the disclosure of documents held by a third party if these documents are essential to the resolution of the dispute. This request must be specific and proportionate. Before the initia - tion of proceedings, Article 145 of the French Civil Procedure Code allows a party to seek measures aimed at preserving or establishing proof, which may include orders to produce documents or allow access to information. However, third-party disclosure in civil mat - ters remains exceptional and is strictly limited to what is necessary. Courts are reluctant to authorise fishing expeditions. The use of evi - dence obtained through Article 145 proceedings is restricted to the purposes identified in the judi - cial order, and any misuse may be challenged as an abuse of process. Criminal Proceedings – Broader Investigatory Reach In criminal investigations, prosecutors and investigating judges have significantly broader authority to obtain documents or data from third parties, including banks, telecom operators and other institutions. They may issue requisitions ( réquisitions judiciaires ) for information or carry out searches and seizures without prior notice.
These powers extend to digital and financial evi - dence and are often essential in complex fraud investigations involving structured concealment or asset transfers through intermediaries. 2.4 Procedural Orders French law allows for certain procedural meas - ures, particularly in civil fraud matters, to be obtained on an ex parte basis, without prior notification to the intended defendant. These orders are primarily governed by Article 145 of the French Civil Procedure Code, which enables claimants to seek urgent investigative measures aimed at securing evidence before trial. Ex Parte Requests Under Article 145 of the French Civil Procedure Code Where there is a legitimate reason to believe that key evidence may be lost, concealed or destroyed, a party may file a request for sum - mary proceedings ( référé ) or petition ( requête ), depending on whether adversarial debate is fea - sible. Judges often grant these requests without notice to preserve the element of surprise, which is critical in fraud-related cases involving the risk of evidence tampering. The applicant must demonstrate: • the relevance and necessity of the proposed measure; • the urgency or risk of evidence loss; and • the proportionality of the interference with the rights of the opposing party. Post-Execution Remedies for Affected Parties Once the measure is executed, the defendant or third party affected is notified and may chal - lenge its legality or scope. Courts are particu - larly attentive to ensuring the protection of fun -
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