The foundations of a trial: understanding the validity of pleadings

A simple document can sometimes change the outcome of a case. Whether it's a writ of summons to start proceedings, pleadings to present your arguments, or a petition to the judge, these "procedural documents" are the driving force behind any legal action. Their validity is not a mere administrative formality; it is subject to the precise and sometimes complex rules of French law. Even a seemingly minor error can have serious consequences, including the annulment of your action. Understanding these fundamental rules is therefore essential to protect your rights. This article aims to clarify the main conditions that ensure the solidity of your procedural documents: those relating to substance (who has the right to act?) and those relating to form (how must the document be presented?).

Who can take legal action? Substantive conditions

Even before drafting a document, the first question is whether the person acting or being acted for has the right to do so. right to do so. The Code of Civil Procedure refers to "substantive" irregularities when these essential conditions are not met. Such an irregularity may render the act null and void, i.e. totally ineffective. These conditions mainly concern capacity to act and power to represent.

Have the capacity to take legal action (Ester capacity)

Taking legal action, or "going to court" as the law calls it, is a fundamental right. But you need to have the capacity to do so.

• For individuals: In principle, anyone who has reached the age of majority and is deemed capable by law can take legal action or defend themselves. This is a direct application of the recognition that everyone has legal personality. However, there are exceptions to this principle, designed to protect the most vulnerable. Minors, for example, generally cannot take legal action alone; they must be represented by their parents (or guardian). Similarly, adults subject to a legal protection measure such as guardianship must be represented by their guardian. Adults under curatorship may act, but must generally be assisted by their curator for important acts. Acting without the requisite capacity or without the necessary representation/assistance is a serious defect, a "substantive irregularity" as referred to in article 117 of the Code of Civil Procedure, which may result in the nullity of the act and therefore the failure of the procedure.
• For companies and associations (Legal entities) : A company, an association or any other organisation can only take legal action if it has a recognised legal existence, known as "legal personality". In the case of a commercial company, this is generally acquired by registration with the Registre du Commerce et des Sociétés (RCS). For an association governed by the 1901 law, it is its declaration to the prefecture that counts. A grouping that does not have this legal existence (such as a simple "group of companies" with no legal structure of its own, a company still in formation before it is registered, or an undeclared association) cannot, in principle, take legal action. Attempting to do so would render the document initiating the proceedings null and void for lack of capacity, another substantive irregularity sanctioned by article 117 of the Code of Civil Procedure. The situation is sometimes complex, because although an unincorporated group cannot request the courts, case law sometimes accepts that it may be possible for a person to attacked to avoid responsibility.

To have the power to represent someone (Power ad agendum and ad litem)

It's not enough to have the capacity to act; if you're acting for someone else, you need to have the power to do so.

• Legal representation : The law directly designates who represents certain people. We have seen this for minors (parents/guardian) or adults under guardianship (guardian). This is also the case for companies: the manager of a SARL, the chairman of a SAS or the managing director of a SA are, for example, designated by law or the articles of association as having the power to act on behalf of the company. If an action is brought by a person who does not have (or no longer has) this power - imagine a dismissed or deceased managing director - the act is fundamentally irregular on the grounds of "lack of power" (again referred to in article 117 of the Code of Civil Procedure). It is therefore important to check who really has the power to bind the legal entity in proceedings.
• Representation by mandate (in particular by a lawyer) : Apart from cases of legal representation, a person may give a mandate to another person to represent them in court. The most common case is that of the lawyer. In many procedures (before the Court of First Instance in written proceedings, on appeal, etc.), representation by a lawyer is even compulsory. The lawyer then receives a "mandate ad litem" (for the trial). He acts in the name and on behalf of his client. It is important to distinguish between this role of representation (where the lawyer performs the acts) and mere assistance (where the lawyer advises and pleads alongside his client, who acts himself). In cases where representation is compulsory, if a party acts without a lawyer, his actions may be declared null and void. Even when representation is optional, choosing a lawyer guarantees that the acts will be carried out by a competent professional.

How should the deed be presented? Formal requirements

Beyond knowledge which can act, we must also respect how the document must be presented. The rules on form may seem fussy, but they are there to ensure clarity, legal certainty and respect for everyone's rights, particularly those of the defence. An illegible or incomplete writ of summons, for example, would not enable the other party to understand what he is accused of and to prepare his defence.

The importance of fitness: a guarantee for everyone

Compliance with formalities is a fundamental requirement of civil procedure. Article 2 of the Code of Civil Procedure reminds us that the parties must perform acts "in the form [...] required".

• The written rule : The vast majority of important procedural documents are written down. This provides a record and avoids the misunderstandings associated with oral proceedings ("words fly, writings remain"). This medium may be traditional paper, but increasingly, procedures are going paperless and documents are exchanged by secure electronic means, in particular via platforms such as the RPVA (Réseau Privé Virtuel des Avocats) or ComCI e-barreau.
• The French language : It is an absolute requirement stemming from the Ordinance of Villers-Cotterêts (1539) and confirmed by the Constitution: all procedural documents must be drawn up in French. Producing an essential document in another language without a translation can render it null and void. Imagine receiving a crucial document in a language you don't understand: it would be impossible to defend yourself effectively!

The essential information in every deed

Certain information must be included in most documents to ensure their formal validity. Article 648 of the Code of Civil Procedure, although specifically aimed at bailiff's documents, gives a good idea of the basic information often required:

• The date : It is essential for checking that the deed was done within the time limit set by law or the court. It is often the starting point for calculating other deadlines. A missing or incorrect date can cause a major grievance.
• Identification of individuals : The deed must clearly state which asks what and to whom. For a natural person, this generally includes the surname, first names, profession, address, nationality, date and place of birth. For a company or association, this will be its form (SARL, SAS, Association, etc.), its exact name and the address of its registered office. This information avoids confusion and is necessary if a court ruling is subsequently to be enforced against the right person or entity. An error can lead to nullity if it creates prejudicial uncertainty.
• Signature : It is the element that authenticates the document and identifies its author. In the case of a bailiff's deed, the bailiff's signature confers authenticity. In the case of a lawyer's conclusions, his signature engages his responsibility and that of his client. The absence of a signature is a major formal defect.

Specific forms for certain key procedures

In addition to these general statements, certain essential documents have their own formal requirements:

• The summons : This is the document, issued by a court commissioner (formerly a bailiff), that is most often used to initiate proceedings and summon the opposing party to appear in court. In addition to the basic information (date, parties, etc.), it must indicate the court seised, the precise subject of the claim (what is being claimed), a statement of reasons (factual and legal arguments), and the date of the first hearing. It must also contain a very important warning for the defendant: if he does not appear or is not represented, judgment may be given against him solely on the basis of the information provided by the plaintiff.
• Conclusions: These are the written documents (most often prepared by the lawyer, but sometimes by the party itself in certain proceedings) that set out the arguments and requests to the judge throughout the proceedings. They must be clear and structured (with a statement of the facts, a discussion of the arguments and a final "dispositif" summarising precisely what is being asked of the judge). Confusing or incomplete submissions may prevent the judge from ruling correctly on all your claims.
• The request : In some cases, instead of a writ of summons issued by a court commissioner, you can apply to the court by means of a petition, a document sent directly to the court registry. This is a simpler procedure, used for example for small claims or in certain specific matters (family, payment orders, etc.). It must nevertheless contain essential information about the parties and the subject of the claim.

The validity of a procedural document may seem like a maze of technical rules. However, compliance with these conditions of substance and form is the guarantee that your voice will be heard by the courts and that your rights will be properly defended. A formal error or lack of capacity can have serious, sometimes irremediable, consequences for the outcome of your case.

To ensure that you are taking the right steps, to understand the documents you receive and to best defend your interests in the procedural maze, it is often essential to be accompanied by a competent lawyer. If you have any questions about the validity of a document or if you need to initiate proceedings, please do not hesitate to contact our firm to discuss your situation.

Sources

• Code of Civil Procedure (in particular articles 2, 54, 56, 57, 117, 411, 648)