Article 1031-23
Where the court of reconsideration refers the case back to a court hearing the case on the merits, the rules of referral and procedure are those applicable to the courts of referral after cassation.
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Showing 3831–3840 of 25774 articles for “Art. Cass. 3e civ. 12-10-1988 n° 87-12.117”
Where the court of reconsideration refers the case back to a court hearing the case on the merits, the rules of referral and procedure are those applicable to the courts of referral after cassation.
Claims made pursuant to the provisions of the third paragraph of article 57 and the last paragraph of article 60 of the Civil Code obey the rules of ordinary written procedure applicable before the ju…
The adviser in charge of the report may ask the claimant's lawyer to provide him, within a time limit that he shall set, with any document that may be useful in the investigation of the case.
The case is communicated to the public prosecutor at the Court of Cassation. The latter is informed of the date of the sitting.
If the defendant to the review has not constituted a lawyer, service is made on the party himself.The document of service indicates to the defendant that he must, if he intends to defend the applicati…
When the Court of Reconsideration grants a request for reconsideration of the appellant's appeal, the proceedings continue before the full court.
The applicant must also attach the documents relied on in support of the application for review and a copy of the last written submissions filed by the parties to the review before the court from whic…
On pain of inadmissibility pronounced ex officio, the defendant to the review shall have a period of two months from service of the applicant's statement of case to submit to the clerk's office of the…
In cases for which the parties are exempted from the assistance of a lawyer at the Conseil d'Etat and the Cour de cassation, decisions of cassation are notified by the registry of the Cour de cassatio…
The Public Prosecutor with territorial jurisdiction shall give instructions to the custodians of the registers of the erroneous or annulled document, as well as to those holding the other documents af…
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