THE PARTICIPATORY STATUS PROCEDURE REMINDER OF THE RULES

The participatory procedure agreement is an agreement by which the parties undertake to work together in good faith to resolve their dispute amicably, or to manage the preparation of their case. – Articles 2062 and 2067 of the Civil Code.

Form and compulsory information. – The agreement is concluded for a fixed term. It must mention the names and addresses of the parties and their lawyers. To be valid, it must include a written document which specifies its term, the subject of the dispute, the documents and information for the resolution of the dispute or for the preparation of the case and the terms of their communications. – Articles 2062 and 2063 of the Civil Code and 1545 of the Code of Civil Procedure.

Effects – When concluded, this agreement constitutes a waiver of the right of the parties to invoke a plea of no contest, a procedural exception, and the provisions of Article 47 of the Civil code, except from those which arise or are revealed after the conclusions of the participatory procedure agreement. – Article 1546-1 of the Code of Civil Procedure.

Time – The participatory procedure agreement for the purposes of the preparation of the case may be concluded by the parties at any time during the proceedings. Article 1546-1 of the Code of Civil Procedure. When the parties and their lawyers prove that they have concluded a participatory procedure agreement for the purposes of the preparation of the case, the judge may, at their request, set the date of the hearing and close the case management. He shall postpone the examination of the case to the first available hearing date if asked by the parties. If not, the judge shall order the case to be withdrawn from the list. – Article 1546-1 of the Code of Civil Procedure

Communication – The communication of legal and factual claims, of the documents and information between the parties shall be made through their lawyers in accordance with the terms provided by the agreement. A slip is established when a document is communicated. – Article 1545 of the code of civil procedure

The participatory procedure is extinguished by the referral to the judge, within the framework of a participatory procedure for the purposes of preparation of the case, for the purpose of ruling on an incident, unless the referral comes from all the parties. – Article 1555 5° of the Code of Civil Procedure

Where it has been possible to reach at least a partial agreement, it shall be recorded in a private deed drawn up under the conditions laid down in Article 1374 of the Civil Code. It sets out in detail the elements that enabled the agreement to be reached. Where the participatory procedure agreement has been concluded for the purposes of pre-trial proceedings, the agreement referred to in the first paragraph shall be sent to the court no later than the date of the hearing at which the investigation will be closed. – Article 1555-1 paragraphs 1 and 2 of the Code of Civil Procedure

In the event of non-performance of the agreement by one party, the other party may apply to the court for a ruling on the dispute before the end of the agreement. The application shall be made, investigated, and judged in accordance with the rules of procedure applicable before this court. – Article 2065 of the Civil Code and Article 1556 paragraph 2 of the Code of Civil Procedure