By Raphaël MORENON
3 April 2025
Justice 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 judicial system The legal definition of an ordonnance sur requête is «a provisional decision rendered without adversarial debate in cases where the applicant is justified in not calling an opposing party» (article 493 of the Code of Civil Procedure). It forms part of the emergency proceedings alongside summary proceedings, but is distinguished from them by its non-adversarial nature. This procedure offers a rapid means of legal action when waiting for an adversarial debate would compromise the effectiveness of the measure sought. A practical invention that became an institution This mechanism has its origins in the initiative of two magistrates of the civil court of the Seine in the 19th century: Bertin and de Belleyme....
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