The writ of summons is a fundamental procedural act that enables you to bring a case before the interim relief judge quickly in an emergency. This fast-track procedure is indispensable when you need to obtain a court decision as quickly as possible. Mastering the subtleties of this legal procedure is essential for all legal practitioners.

What is a writ of summons?

A writ of summons is a procedural document by which you apply to the interim relief judge for a provisional or protective measure to be taken as a matter of urgency. This procedure is part of the broader framework of writs of summons and summary proceedings, and enables you to act quickly when faced with a critical situation.

Summary proceedings are characterized by their rapidity and provisional nature. Unlike proceedings on the merits, the interim relief judge does not rule definitively on the dispute, but orders urgent measures to preserve the rights of the parties.

Conditions for admissibility of summary proceedings

An application for interim relief can only be successful if it complies with two cumulative public policy conditions, set out in articles 808 and 809 of the French Code of Civil Procedure. These conditions, verified ex officio by the summary proceedings judge, form the basis for the admissibility of your claim. Their cumulative nature means that the absence of any one of them automatically results in the inadmissibility of the proceedings, accounting for around 25% of failures in summary proceedings according to court statistics.

Urgency is the first fundamental condition. You must demonstrate that waiting for a decision on the merits of the case would cause irreparable harm or harm that would be difficult to repair. This urgency is assessed according to the circumstances of each case, with the judge examining the reality of the peril and the imminence of the feared damage.

The second condition requires the absence of a serious dispute or the existence of a manifestly unlawful disturbance. The interim relief judge can only rule if the right invoked appears well-founded on first analysis, without carrying out an in-depth examination of the case. This condition ensures that summary proceedings do not take the place of proceedings on the merits when the dispute requires a thorough adversarial debate.

The summary proceedings procedure

The procedure begins with the drafting of the writ of summons, which must comply with the mandatory provisions of article 56 of the French Code of Civil Procedure, supplemented by the specific requirements for summary proceedings set out in article 808. Unlike a writ of summons on the merits, you must justify the urgency of the case in detail, and specify the provisional or conservatory measures requested. The statement of facts, legal arguments and claims must clearly demonstrate why waiting for a decision on the merits would cause irreparable harm.

The summons is served by a bailiff in the usual way. The defendant must be informed of the hearing date and procedure, including the possibility of a videoconference hearing, depending on the circumstances. The average processing time for a writ of summary jurisdiction is between 8 and 15 days, depending on the urgency of the case and the court’s workload.

The hearing is oral and adversarial. The parties can present their observations, and the judge generally rules on the same day or within a very short timeframe. This speed is the main advantage of summary proceedings over ordinary proceedings, which can take several months.

Time limits and urgency in summary proceedings

Time limits for summary proceedings are considerably shorter than for ordinary proceedings. Article 484 of the French Code of Civil Procedure sets the standard period between the summons and the hearing at 15 days. However, in cases of extreme urgency, this period may be reduced to a minimum of 2 days, in accordance with article 485 of the CPC, or exceptionally to a few hours with the judge’s special authorization.

For specific procedures such as summary proceedings before the Family Court (JAF), special rules apply concerning time limits and conditions of urgency, particularly in family matters. The distinction between normal urgency and exceptional urgency determines the applicable procedural regime and the time limits for service required.

Strict adherence to these deadlines is a prerequisite for the admissibility of your claim. Failure to comply with the minimum notice period may result in the nullity of the summons or the postponement of the hearing, thus compromising the effectiveness of the emergency procedure. The 15-day time limit can only be waived with the prior authorization of the judge, in the case of duly justified exceptional urgency.

Drafting the summary proceedings summons

When drafting the summons, you need to pay particular attention to the obligatory details. You need to state precisely the subject of the claim, the grounds on which it is based, and justify the urgency of the case in a convincing manner.

Using a model writ of summons can help you structure your document and avoid omissions that could invalidate the proceedings.

You must also take care to adapt the content to the jurisdiction and nature of the dispute. The requirements vary depending on whether you are bringing your case before a court of law, a commercial court or a specialized jurisdiction.

Optimize your procedural strategy

The writ of summons is a powerful procedural tool that requires in-depth technical expertise. Its success depends on your ability to demonstrate urgency, present solid legal arguments and scrupulously respect procedural forms.

This exceptional procedure enables you to rapidly obtain provisional or conservatory measures essential to the preservation of your rights. Its strategic use can considerably influence the outcome of a dispute and effectively protect your clients’ interests.

The different types of summary proceedings

French law distinguishes several types of summary proceedings, each responding to specific situations and obeying particular conditions.

Provisional injunctions can be used to quickly obtain payment of a sum of money when the obligation is not seriously disputable. This procedure is particularly effective for creditors faced with debtors acting in bad faith, especially in commercial or construction disputes.

The aim of the summary injunction is to put an end to a manifestly unlawful disturbance. It applies in a variety of situations, such as the occupation of a building without right or title, the dissemination of defamatory statements or the breach of a non-competition clause. The judge may order, subject to a fine, any measure necessary to put an end to the disturbance.

The “référé-expertise” procedure is an invaluable procedural tool for ordering an investigative measure prior to any trial. This procedure is frequently used in construction, medical liability or intellectual property matters. It can be used to preserve evidence or establish decisive facts for a future dispute.
Expert appraisals ordered in summary proceedings must be justified by a legitimate reason and do not prejudge the merits of the dispute.

Lastly, the precautionary summary procedure authorizes the judge to take any protective measures necessary to prevent imminent damage or to put an end to a manifestly unlawful disturbance. These measures may include the sequestration of disputed assets, the prohibition of certain legal acts or the appointment of a provisional administrator.

Procedure costs

Initiating summary proceedings involves specific costs that should be anticipated. Unlike proceedings on the merits, court fees are significantly reduced, making this procedure more affordable. These savings reflect the provisional and rapid nature of this emergency procedure.

Among the unavoidable costs are the bailiff’s fees for serving the summons. These fees vary according to several factors:
– The geographical distance
– The complexity of the service
– Any difficulties encountered in reaching the addressee

It’s important to note that the summary proceedings procedure can itself generate financial liabilities. Indeed, if the judge finds that your action constitutes an abusive or dilatory summary procedure, you may be liable to pay damages to the opposing party. This sanction is designed to dissuade unjustified recourse to this emergency procedure.

Costs are generally apportioned according to the principle that the unsuccessful party should bear them. However, the interim relief judge has discretionary powers and may decide otherwise, depending on the particular circumstances of the case. It is also possible to apply article 700 of the French Code of Civil Procedure to obtain partial reimbursement of attorney’s fees.