French Code of civil procedure
In forceThe parties shall submit to the Conseiller de la mise en état, who shall have sole jurisdiction from his appointment until the close of the hearing, their submissions, specially addressed to that magistrate, seeking:
- declare the appeal null and void;
- declare the appeal inadmissible and decide on this occasion any question relating to the admissibility of the appeal; the pleas tending to the inadmissibility of the appeal must be raised simultaneously on pain of inadmissibility of those which have not been raised;
- declare the submissions inadmissible pursuant to Articles 909 and 910 ;
- declare the pleadings inadmissible pursuant to Article 930-1.
The parties shall no longer be entitled to plead before the Court of Appeal that the proceedings have lapsed or are inadmissible after the close of the hearing, unless their cause arises or is revealed subsequently. Nevertheless, without prejudice to the last paragraph of this article, the court of appeal may, of its own motion, raise the plea of inadmissibility of the appeal or its lapse.
Orders of the Conseiller de la mise en status ruling on the plea of inadmissibility of the appeal, on the lapse of the appeal or on the inadmissibility of the pleadings and procedural documents pursuant to articles 909,910, and 930-1 shall have the force of res judicata in the main proceedings.
