Paragraph 2: Provisions specific to oral proceedings

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446-1446-2446-3446-4

Article 446-2

French Code of civil procedureIn force
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Updated 8 Nov 2023

When the proceedings are adjourned to a later hearing, the judge may organise the exchanges between the parties appearing. After having heard their opinions, the judge may thus set the time limits and, if they agree, the conditions for communicating their claims, pleas and exhibits.

When all the parties appearing formulate their claims and pleas in writing and are assisted or represented by a lawyer, the pleadings must expressly state the claims as well as the pleas in fact and in law on which each of these claims is based with an indication for each claim of the exhibits relied on and their numbering. A list of the documents supporting these claims is attached to the pleadings. The pleadings shall contain a separate statement of the facts and of the proceedings, a discussion of the claims and of the pleas in law, and an operative part summarising the claims. Any pleas that have not been formulated in the previous pleadings must be presented in a formally separate manner. The court will only rule on the claims set out in the operative part and will only examine the pleas in support of these claims if they are raised in the discussion. In their final submissions, the parties must repeat the claims and pleas presented or relied upon in their earlier submissions. If they fail to do so, they shall be deemed to have abandoned them and the judge shall rule only on the last submissions made.

Where the parties formulate their claims and pleas in writing and they are not assisted or represented by a lawyer, the judge may, with their agreement, provide that they shall be deemed to have abandoned the claims and pleas not included in their last submissions communicated.

If the parties fail to comply with the methods of communication set by the judge, the judge may call the case back to the hearing, with a view to hearing it or striking it out.

The judge may remove from the proceedings any claims, pleas and exhibits communicated without legitimate reason after the date set for the exchanges and whose lateness prejudices the rights of the defence.

Mariela Petrova

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Common Questions

Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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