Time is of the essence in all legal proceedings. In the legal arena, time limits structure all civil litigation and regulate the pace of exchanges between the parties. Respecting them often determines the validity of the documents themselves.
What is a time limit in civil procedure?
A time limit in civil procedure is a limited period during which a legal act must be performed. According to article 1 of the Répertoire de procédure civile on time limits, these "help to give order and certainty to the progress of civil proceedings".
These time constraints are the very backbone of our judicial system. Without them, proceedings would drag on indefinitely, compromising any legal certainty.
Why impose deadlines?
Deadlines serve several essential purposes:
- Ensuring that justice is done within a reasonable time
- Avoiding delaying tactics by the parties
- Ensuring the predictability of the judicial process
- Protecting the rights of the defence
For a detailed analysis of sources and origins of these delaysIf you would like to find out more about the legal, judicial or contractual terms and conditions that apply to you, please consult our dedicated article.
Article 6§1 of the European Convention on Human Rights enshrines the right to be tried within a "reasonable time", a principle now incorporated into our domestic law by article L.111-3 of the Code de l'organisation judiciaire.
The Cour de cassation regularly penalises breaches of time limits, particularly when they affect the exercise of the rights of the defence.
Procedural time limits vs. limitation periods
There is often confusion between:
- Procedural deadlines: a framework for the steps to be taken during legal proceedings
- Limitation periods: determine the period during which a right may be exercised
Forfeiture periods are at the junction of these two categories. These "time limits for forfeiture" require compliance with a procedural time limit (e.g. for exercising a right of appeal), failing which a substantive right is lost for good.
As Professor Strickler points out in the Répertoire de procédure civile: "Limitation periods are halfway between substantive law and procedural law"..
Types of delay according to their temporal expression
Deadlines expressed in years
Rare in civil procedure, they are mainly to be found:
- In family matters (article 1298 of the CPC: one-year time limit for creditors lodging third-party proceedings against a separation judgment)
- For the lapse of proceedings under the old law (three years)
Times expressed in months
Much more common. For example:
- Time limit for appeal: one month from notification of the judgment (article 538 CPC)
- Time limit for appealing to the Court of Cassation: two months (article 612 CPC)
Times expressed in days
A lot of them too:
- Time limit for appearance before the court: 15 days (article 755 CPC)
- Time limit for filing submissions in response: varies depending on the proceedings
Times expressed in hours
Extremely rare. Some examples:
- Time-limited summary proceedings (article 485 CPC)
- The 24-hour time limit for ruling on disputes relating to funeral conditions (article 1061-1 CPC)
The most common deadlines in practice
In litigation, the basic time limits are:
In the first instance:
- Subpoena: at least 15 days before the hearing
- Delivery of the summons to the court registry: maximum 4 months after it is issued (article 757 CPC)
For appeals: When it comes to appeals, the crucial stage in contesting a court decision, mastery of the law is essential. time limits for appeals in civil proceedings is imperative. The basic deadlines are:
- Call: 1 month
- Objection: 1 month
- Appeal in cassation: 2 months
- Third-party opposition: 30 years (with notable exceptions)
Failure to comply with the time limits carries severe penalties. The court will, of its own motion, rule that certain appeals are inadmissible, particularly late appeals (article 125 CPC).
Failure to meet deadlines can cause:
- Inadmissibility of acts
- Lapse of proceedings
- Lapse of the writ of summons
- Forfeiture of a right
For a detailed analysis of consequences of failure to comply with procedural deadlinesTo find out more about the different types of proceedings, and in particular the sanctions for inadmissibility, lapse or lapse of proceedings, please consult our dedicated article.
These sometimes drastic sanctions justify the intervention of a lawyer to secure each procedural step, particularly when the stakes are high. Preventive consultation can safeguard substantial rights.
If you have any questions about the time limits applicable to your situation, our firm will be happy to analyse your case and suggest the most appropriate procedural strategy, enabling you to secure your procedures and avoid any loss of rights.
Sources
- Code of Civil Procedure, articles 538, 612, 755, 485, 1061-1, 757, 125
- Répertoire de procédure civile, "Délai", Yves Strickler, February 2019
- European Convention on Human Rights, article 6§1
- Code of Judicial Organisation, article L.111-3
- CORNU and FOYER, Civil Procedure, 3rd ed. 1996, Thémis series, PUF
- CADIET and JEULAND, Droit judiciaire privé, 8th ed. 2013, LexisNexis
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