Summonses and summary proceedings are essential legal tools for obtaining a rapid court decision in urgent cases. These fast-track procedures are part of a broader framework of judicial procedures and documents, and offer litigants an effective means of redress in situations requiring rapid intervention by a judge.

What are summonses and summary proceedings?

The summary procedure is an emergency procedure that enables you to obtain a provisional judicial decision within a very short timeframe, generally between 15 days and 1 month. This procedure applies when there is an emergency characterized by a risk of imminent and irreparable harm, or a clear and present disturbance that needs to be stopped quickly. Urgency is assessed on the basis of concrete circumstances, and must be demonstrated by the claimant.

The summary proceedings summons is the document by which the plaintiff initiates proceedings before the summary proceedings judge. It must comply with specific formalities and contain mandatory information specific to emergency civil proceedings. This procedure is used mainly in commercial, civil and labor matters, notably for contractual disputes, neighborhood disturbances and labor disputes.

Depending on the case, the interim relief judge may rule as a panel or as a single judge. He can order protective measures, injunctions, expert appraisals or even grant provisions against claims that are not seriously disputable. These measures are limited by the provisional nature of the decision and cannot prejudge the merits of the dispute. The provisional execution rate for summary orders is around 90%, reinforcing the effectiveness of this emergency procedure.

The different types of summary proceedings

There are several categories of summary proceedings, depending on the purpose of the request and the urgency of the situation. Each type responds to specific needs and applies to particular fields.

Provisional injunctions are used to obtain provisional payment of a sum of money when the obligation is liquid, certain and due, and supported by solid documentary evidence. This procedure, which accounts for around 60% of all summary proceedings, is particularly useful in commercial or debt recovery matters. For example, a supplier can obtain payment of unpaid invoices backed by purchase orders and delivery notes, or a commercial landlord can claim overdue rent accompanied by the lease and previous receipts.

The aim of the summary expert appraisal procedure is to have a technical appraisal ordered before the main proceedings. It helps to clarify the facts of the dispute and prepare for the main proceedings, with an average processing time of 2 to 3 months. This procedure is particularly useful in construction disputes (architect’s expertise on defects), traffic accidents (automobile expertise), or neighborhood disputes (acoustic or geotechnical expertise).

The interim injunction allows urgent measures to be taken to preserve the rights of the plaintiff. These may include prohibitions on the sale of real estate in the course of a disputed transaction, the appointment of a provisional administrator for a company in difficulty, or the seizure of a debtor’s bank accounts. This type of summary procedure is particularly useful in business and real estate law.

For situations ofextreme urgency, the hour-to-hour summary procedure makes it possible to obtain a decision within a few hours of referral. This exceptional procedure applies in particular in the event of a public service strike, public order disturbance, or imminent risk of destruction of evidence.

To find out more about these different types, consult our detailed guide tosummary proceedings.

Procedure and deadlines

The summary proceedings procedure is governed by strict rules on deadlines and formalities. The summons must be served on the defendant at least 15 days before the hearing. This period may be reduced to 2 days in cases of extreme urgency, but this requires a specific order from the judge, and extreme urgency must be demonstrated by exceptional circumstances. Judicial statistics show that only around 30% of requests for reduced deadlines are accepted by the courts.

Urgency is the sine qua non of summary proceedings. It is assessed objectively in the light of the circumstances of the case, and must be precisely defined in the writ of summons. The mere passage of time does not constitute urgency in the legal sense. The plaintiff must demonstrate that a delay in taking a decision would cause him irreparable harm, or that there is a manifestly unlawful disturbance requiring immediate judicial intervention.

The summons is served by a bailiff in accordance with the rules of the Code of Civil Procedure. It must mention the date, time and place of the hearing, as well as the possibility for the defendant to be represented or assisted. Failure to serve the summons on time may result in nullity of the summons or postponement of the hearing, thus compromising the effectiveness of the emergency procedure.

The hearing generally takes place within 15 days to one month of service, depending on court congestion and the urgency of the situation. To obtain a shorter deadline, the applicant must submit a reasoned request to the president of the court, accompanied by documents justifying the extreme urgency of the situation.

Drafting and assignment templates

When drawing up a writ of summons for summary proceedings, particular attention must be paid to the compulsory particulars and to demonstrating the urgency of the case. The document must contain the full identity of the parties, the subject of the claim, the legal and factual arguments, and the supporting documents.

Mandatory information includes the name of the competent court, the date and time of the hearing, a warning of the consequences of failure to appear, and the signature of the bailiff.

The part devoted to the grounds of fact must clearly set out the circumstances justifying the urgency and merits of the claim. This is often the decisive factor in determining the outcome of the procedure.

To make drafting easier, you can use our model summons adapted to different legal situations.

Hearing and decision in summary proceedings

Summary hearings are fast-paced and adversarial. The parties may appear in person or be represented by a lawyer, in accordance with the rules governing representation before the court hearing the case. If the defendant fails to appear, the judge can rule by default if the conditions for a valid summons are met, which further speeds up proceedings.

Since the modernization of the justice system, courts frequently offer videoconference hearings to facilitate the participation of parties and their counsel, particularly in cases of urgency or geographical constraints.

The interim relief judge issues his decision in the form of anorder, generally within a few days of the hearing. This order is provisional in nature and does not have the force of res judicata in the main proceedings, but it may nevertheless have definitive effects if it is not challenged in subsequent proceedings on the merits.

Summary orders are oftenprovisionally enforced by operation of law, allowing immediate implementation notwithstanding appeal. This provisional execution may be accompanied by a fine to guarantee its effectiveness, and may even be continued during the appeal procedure, thus reinforcing the effectiveness of the emergency procedure.

Appeals against summary orders can be lodged within 15 days of service of the order. Around 25% of summary orders are appealed. Appeals to the French Supreme Court (pourvoi en cassation) are possible only in the case of decisions handed down by appeal courts, and only in very limited cases involving questions of law. It is also possible for the same judge to revoke the order in the event of new evidence or a procedural defect. Mastery of these emergency procedures is essential for any legal practitioner wishing to effectively defend the interests of his clients in situations requiring rapid judicial intervention.