My judgement contains an error or is ambiguous: what can I do?

The common idea is that once a judgement has been handed down, it is final and puts an end to a case. To a large extent, this is true, not least because of the res judicata referred to above. However, court rulings sometimes contain obvious errors or ambiguities, or have been handed down under irregular conditions. Correctly deciphering a court decision is the first step in identifying these situations. The procedure would be very rigid if no correction were possible apart from the traditional means of appeal. What should you do if you notice an obvious typo in the calculation of a sum? If part of the judgement is incomprehensible? If the judge has forgotten to respond to one of your requests? The law provides for specific mechanisms to deal with these situations, without systematically calling into question what has been judged on the merits. Let's explore these exceptions to the apparent finality of the judgement: interpretation, rectification of material error, reparation of omissions or excesses, and cases of nullity.

The judgement is not clear: ask for an interpretation

Sometimes, a court decision, although complete, may contain obscure or ambiguous wording. In such cases, the parties may disagree about the exact meaning or scope of what the judge intended to say in his decision (the decisive part of the judgment). In such cases, article 461 of the Code of Civil Procedure allows an application to be made for a interpretation judgment.

• When is it useful? Only if part of the decision (usually the operative part) is really open to discussion, if it is open to several readings. If the decision is clear and precise, even if you do not agree with it, a request for interpretation will be deemed inadmissible. The judge has full discretion as to whether or not there are grounds for interpretation.
• Who can interpret? It is the court that handed down the ambiguous decision that is competent to interpret it. They are not necessarily the same judges physically, but the same tribunal or court. Another court cannot, in principle, interpret the decision of the first court.
• The crucial limit: interpreting is not modifying. A judge to whom a request for interpretation is made must only clarify the meaning of his initial decision. He is formally prohibited, under the guise of interpretation, from modifying the rights and obligations that he had recognised for the parties, or from adding anything that was not there. He cannot "remake the match". If you feel that the judge has made a mistake on the merits, you should not ask for an interpretation, but for a remedy such as an appeal, if that is still possible.

An obvious error in the judgment: rectification of a material error

Sometimes a judgment contains a glaring error, a "typo", which is not the result of a misappraisal of the facts or the law, but of a simple clumsy drafting error. In such cases, article 462 of the Code of Civil Procedure allows you to request a correction of a material error or omission.

• What is a clerical error? This is a "purely material", unintentional error that alters the expression of the judge's thoughts without calling into question his reasoning itself. Think about :
  • An obvious typing error ("plaintiff" written instead of "defendant").
  • An obvious calculation error (an incorrect addition whose basic elements are correct in the patterns).
  • A misspelt name.
  • A wrong date.
  • The omission of a word that changes the meaning of a sentence in a way that is obvious from the motifs.
  • A flagrant contradiction between the grounds (the reasoning) and the operative part (the decision), if this contradiction is clearly the result of a clerical error in the operative part.
• Which is NOT a material error: It is essential to distinguish between a material error and an error of judgement (an error of assessment of the facts or of the law). If you believe that the judge has incorrectly analysed the situation, misinterpreted a contract, or misunderstood the applicable rule of law, this is NOT a material error. In this case, the only way to challenge the decision is by appeal or by pourvoi en cassation, time permitting. Attempting to pass off an error of judgement as a clerical error is doomed to failure.
• Who can rectify and how? As in the case of interpretation, it is the court that handed down the decision that has jurisdiction to rectify it. If an appeal has been lodged, it is then the Court of Appeal that can rectify the first instance judgment. The application is made by simple request (or may be raised in a pleading if another case is pending). The court may even rectify a material error of its own motion. The procedure must respect the adversarial principle: the parties must be heard or summoned.

Rectification allows the decision to be restored to its correct form, as the judge intended it to be, without altering its substance.

The judge forgot to respond or decided beyond the scope of the request: remedying the oversight or excess

The Code of Civil Procedure (article 5) requires the court to rule on all what is required, and only on what is requested. What happens if the judge does not comply with this rule? Specific procedures exist to correct these failings without having to redo the whole trial.

• Failure to give a ruling (infra petita) : The judge has simply forgotten to respond to one of your claims (a "head of claim") in the operative part of his judgment. Please note that this must be an application (claim) and not a simple argument (plea) to which the judge did not respond (which would constitute a failure to state reasons, which can be challenged by appeal).
• The "ultra petita" or "extra petita" judgment: The judge has awarded more than you asked for (ultra petita) or has awarded something completely different from what was asked for (extra petita).

In these cases, articles 463 and 464 of the Code of Civil Procedure provide for a specific procedure. The interested party may refer the matter to the same jurisdiction which rendered the decision incomplete or excessive, by simple request, asking it to complete its judgement (in the event of omission) or to subtract the excess part (in the case of ultra or extra petita).

Please note the deadline: This request must be submitted within a period ofone year from the date on which the decision becomes final (i.e., in most cases, after expiry of the time limit for appeal). Once this deadline has passed, this specific procedure is no longer possible. It should be noted that the omission to give judgment may also be remedied by lodging an appeal (if the time limit has not expired) or by bringing a new, separate action relating solely to the omitted head of claim.

As with the rectification of a material error, the judge rules after hearing or calling the parties, and his or her decision to add or subtract is incorporated into the original judgment.

Serious irregularities: invalidity of the judgment

In more serious cases, a judgment may be so flawed as to be null and void. Nullity means that the judgment is deemed never to have existed in law. It is important to note that classification of judgements (by default or deemed contradictory) has a direct impact on the irregularities that can be invoked and the remedies available.

• What are the grounds for nullity? They generally concern breaches of fundamental procedural rules relating to the way in which the judgment was prepared or delivered. Article 458 of the Code of Civil Procedure lists a number of such breaches, including :
  • Failure to comply with deliberate (for example, if a judge who did not attend the hearing takes part in the deliberations).
  • Failure to mention the name of judges having deliberated.
  • L'total absence of reasons (or a flagrant contradiction which is deemed to be a lack of grounds).
  • Failure to signature the Chairman or the Registrar.
  • Failure to comply with advertising of the pronouncement.
  • Other texts provide for nullity in the event of irregular composition of the court at the time of the debates, or violation of the rules of publicity of the debates.
  • Jurisprudence sometimes adds cases, for example for serious violation of the rights of the defence or the principle of impartiality (manifest excess of power).
• How do I apply for a declaration of nullity? In principle, the nullity of a judgment cannot be sought by an independent action ("Voies de nullité n'ont lieu contre les jugements", as the saying goes). It must be raised when exercising an ordinary remedy: thecall or the appeal to the Supreme Court. If the Court of Appeal or the Court of Cassation finds that the case is null and void, it will set aside the judgment and, in the event of an appeal, it must in principle retry the case on its merits (devolutive effect).
• The exception: the nullity appeal. There is a special situation, created by case law to avoid a denial of justice. When, exceptionally, the law closes the way to a "normal" appeal (appeal-review) against a certain decision, but that decision is tainted by a excess of power (i.e. the judge has clearly acted outside his powers, by arrogating to himself prerogatives that he did not have), case law allows an "appeal for nullity" to be lodged. The sole purpose of this very specific appeal is to have the excess of power noted and sanctioned by annulling the decision, without allowing the merits of the case to be re-examined. Its scope is very limited.

If a judgment seems to you to be erroneous, ambiguous or irregular, you can see that there are different ways of reacting, each with its own conditions and deadlines. It is essential to distinguish whether it is a simple typo that needs to be rectified, an ambiguity that needs to be interpreted, an omission that needs to be rectified or a serious irregularity that justifies an application for annulment via a standard appeal procedure. Acting quickly and choosing the right procedure is crucial to preserving your rights. Beyond corrections, understanding the steps following the delivery of a judgmentIt is also essential to ensure that the decision is properly notified and enforced. Faced with a court decision, theanalysis by a professional may be essential. For an expert opinion on how to respond to a judgement concerning you, contact our firm.

Sources

• Code of Civil Procedure (in particular articles 458, 460, 461, 462, 463, 464, 480, 481, 562)
• Civil Code (in particular article 467)