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The procedure is initiated by a document called a “summons”. This document, which must be completed in full, sets out the claims and the factual and legal grounds on which they are based. It includes a list of documents proving the reality of the facts invoked. The summons must designate the lawyer who will represent the plaintiff before the TJ. This lawyer, known as the “postulant” or “mandataire”, must belong to the Bar attached to the competent TJ. Unless he is also the litigator, the postulant lawyer is only responsible for monitoring the proceedings. In practice – A lawyer registered with the Paris Bar can appear before the TJs of Bobigny, Créteil and Nanterre (art. 5-1 of law no. 71-1130).

The draft summons is sent to the clerk’s office of the competent TJ to obtain the date of the hearing at which the case will be called for the first time. This hearing is a procedural hearing, the case being examined exclusively from an “administrative” angle, with the judge ensuring that the proceedings can continue.

The summons is served on the opposing party by a bailiff, who ascertains the defendant’s address. Service is generally effected by the bailiff delivering the document to the party concerned, or to its representative in the case of a legal entity. Once the document has been served on the defendant, the bailiff returns a copy of the served document, called an “expedition”, to the plaintiff’s lawyer. The expedition includes the date of service and details of how the document was delivered.

Placement is the process of depositing the dispatch of the summons with the TJ clerk’s office. Until this step is taken, the TJ is not officially seized of the case. The summons must be filed at least 15 days before the hearing date notified by the clerk’s office. Failing this, the summons lapses. This does not prevent the proceedings from being restarted with a new summons.  Service of the summons may have the effect of restarting negotiations, with the adversary generally taking care to appoint a lawyer. An out-of-court settlement is always possible, and can be reached at any time during the proceedings.

Once the case has been referred to the TJ by the expedition placement, the TJ sets a first procedural date, which initiates the “mise en état” phase. A judge is specially appointed to prepare the case, ensuring that the parties exchange documents and arguments, while setting the timetable for the proceedings.

From the date of service of the summons, the opposing party has a non-mandatory 15-day period in which to appoint counsel. He must therefore appoint a lawyer to represent him before the TJ. This lawyer “constitutes” himself before the Tribunal, i.e. he officially indicates to his colleague, in an act known as “constitution”, that he has been instructed to represent the defendant. This lawyer must be registered with the bar association attached to the court in question. The lawyer representing the defendant is not necessarily the litigator (see above for the distinction between the lawyer representing the defendant and the litigator). It may happen that an adversary never appoints a lawyer. He will therefore never be officially represented before the TJ. This failure does not prevent the court before which the case is brought from pronouncing judgment. If the defendant does not appoint a lawyer, the procedure is accelerated. The TJ, who retains full power to assess the merits of the claim, makes his decision solely on the basis of the documents and arguments presented by the plaintiff.

This phase generally comprises several procedural hearings, during which the parties exchange exhibits and arguments. The defendant responds to the summons with “conclusions in defense”. He communicates his own documents. The plaintiff can then respond to this reply with “conclusions en réponse” and submit new documents. These exchanges can continue as long as the parties consider that all the necessary arguments and documents have not been communicated to the debates. The “Juge de la Mise en Etat” can also put an end to these exchanges with a decision: the “ordonnance de clôture”. In general, it is up to the defendant to make the final submissions. The mise en état phase lasts approximately 7 to 10 months, but can vary from one court to another. Responses to arguments and documents submitted by the opposing party are set out in pleadings. These are known as “conclusions récapitulatives”, and contain all the arguments previously put forward. Each new set of pleadings renders the previous ones null and void. The Tribunal renders its judgment on the basis of the last summary submissions served, this service being effected between the plaintiff lawyers via a dedicated electronic network.  Proceedings before the TJ are “written”, as opposed to “oral”. An argument that does not appear in the pleadings is inadmissible. Similarly, a document or exhibit that has not been officially communicated cannot be accepted by the Tribunal.

The pre-trial judge declares the proceedings “closed” when he considers that the arguments and exhibits exchanged by the parties are sufficient for the case to proceed to trial. Once the proceedings have been closed, the parties are not authorized to submit new arguments or exhibits.

The pleadings hearing is the last hearing in the proceedings. A fortnight before this hearing, the parties’ lawyers prepare their pleadings file and send it to the Tribunal. This file includes the last “summary submissions” and all the exhibits relied on. Each document is numbered. It is only at this point in the proceedings that the Tribunal becomes aware of the content of the exhibits referred to in the pleadings. On the day of the oral hearing, the lawyers are invited to present their arguments orally. This presentation is generally preceded by a report drawn up by one of the Tribunal’s judges. The judge may ask the lawyers to plead “by observation”, in which case only certain points of the case are raised. Practices vary from one court to another. There is currently a strong tendency among judges to shorten pleadings on the grounds that the procedure is written. However, it is possible to proceed by simply filing the pleadings. There is no “right method”, but rather a case-by-case adaptation.

The “deliberation” phase is the phase, following the oral hearing, during which the judges render their judgment. This phase generally lasts from three weeks to a month.

The judgment is communicated to the lawyers via the dedicated electronic network. The judgment is then served. Service is a two-stage process. First, one of the lawyers officially notifies the other. It is then served by a bailiff, on the initiative of one or other of the parties, to the other party.

Once the judgment has been served, the appeal period begins, which is one month. The appeal, which follows a specific procedure, enables either party to have the case retried, in its entirety, before the competent court of appeal.

Once served, the judgment can be enforced immediately, unless the judge has expressly ruled out provisional enforcement.