By Raphaël MORENON
2 April 2025
The 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 where the petitioner is justified in not calling an opposing party», it offers a rapid judicial response in various emergency situations. In personal and family law The president of the judicial court (formerly the TGI) intervenes by order on application to: Order the rectification of civil status records (article 99 of the Civil Code) Prescribe urgent measures when one of the spouses fails in his or her duties and jeopardises the family's interests (article 220-1 of the Civil Code) The family court judge may also, from the time of the initial divorce petition, take emergency measures under article 257 of the...
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