Request
Challenging a motion order: strategies and remedies
By Raphaël MORENON4 April 2025In the French procedural arsenal, the ordonnance sur requête is a formidable weapon. This non-adversarial procedure makes it possible to quickly obtain a court decision without the other party being informed. The price of this efficiency is a specific system of contestation that you need to master to defend your rights. The order on application and its special regime The order on application is defined in article 493 of the Code of Civil Procedure as "a provisional decision rendered without adversarial proceedings in cases where the applicant is justified in not calling an opposing party". This procedure derogates from the fundamental principle of adversarial proceedings. On the other hand, the legislator has provided for appropriate remedies. Appeal by an unsuccessful applicant: a restrictive procedure When the application is rejected, article 496 paragraph 1 of the Code of Civil Procedure provides that the applicant may lodge an appeal. This avenue is reserved exclusively for unsuccessful applicants. The time limit for appeal is short:...
The ordonnance sur requête: a little-known but powerful tool in civil procedure
Civil procedure, ApplicationJustice sometimes offers discreet but formidable tools. The ordonnance sur requête falls into this category. A temporary measure issued without adversarial debate, it enables swift and discreet action to be taken when the situation so requires. Its effectiveness is based on the element of surprise it provides. Definition and place in our legal system The ordonnance sur...Areas of application of application orders: a complete overview
Civil procedure, ApplicationThe ordonnance sur requête is a procedural tool with many uses. In my practice, I regularly find that many litigants are unaware of this procedure, even though it can be extremely effective. Defined in article 493 of the Code of Civil Procedure as "a provisional decision rendered without adversarial hearing in cases...Investigative measures in futurum: preserving evidence before any trial
Civil procedure, ApplicationWhen evidence is in danger of disappearing, article 145 of the Code of Civil Procedure offers a valuable tool. This procedure makes it possible to organise the preservation of evidence even before legal action is taken. Its legal mechanism needs to be clearly understood. Article 145: an essential preventive mechanism Article 145 of the Code...
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