By Raphaël MORENON
1 April 2025
When 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 of Civil Procedure makes it possible to obtain legally admissible investigative measures before any trial. Case law describes this procedure as a «measure of inquiry in futurum». The wording is clear: «If there is a legitimate reason to preserve or establish, before any trial, proof of facts on which the resolution of a dispute may depend, legally admissible investigative measures may be ordered at the request of any interested party, on application or in summary proceedings». What's in it for you? Anticipating potential litigation by securing evidence that might otherwise disappear. Conditions for obtaining an evidentiary order To obtain a preventive investigative measure, a number of conditions must be met...
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