The writ of summons is a fundamental procedural document for bringing an urgent case before the interim relief judge. You need to master its structure and mandatory information to ensure that your claim is admissible. This guide presents a standard model and best practices for efficiently drafting your summons and summary proceedings.

What is a model writ of summons?

A model writ of summons is a standard document that structures your claim before the interim relief judge. It enables you to present your arguments in an organized manner that complies with legal requirements. There are several types of summary proceedings, depending on the nature of your claim: summary proceedings to obtain an advance on a debt, summary proceedings for expert appraisal to establish facts, or hour-by-hour summary proceedings in situations of extreme urgency.

This emergency procedure enables you to obtain a decision within a timeframe generally ranging from 8 to 15 days, depending on the complexity of the case and the congestion of the court. Provisional measures can be protective (seizure, sequestration) to preserve your rights, or emergency (cessation of a disturbance, restoration) to put an end to a prejudicial situation. For example, an interim injunction may be justified in the event of persistent neighborhood disturbances, non-payment of rent, or defamation on the Internet requiring immediate removal.

Your writ of summons must comply with strict formalities to avoid nullity of the proceedings. Well-argued claims that meet the conditions of urgency and absence of serious contestation enjoy a significantly higher success rate.

Typical structure of a writ of summary jurisdiction

The assignment follows a precise architecture that you must respect:

• Header: identification of court of jurisdiction
• Parties: complete designation of plaintiff and defendant
• Statement of facts: chronological presentation of events
• Legal grounds for your claim
• Conditions for summary proceedings: urgency and absence of serious dispute
• Conclusions: specific requests to the judge

This structure ensures clarity of argument and facilitates examination by the magistrate.

Mandatory elements to include in your assignment

In accordance with articles 484 et seq. of the French Code of Civil Procedure, it is legally obligatory to include the following information in your summary proceedings summons, failing which it will be null and void:

Complete identification of parties

For individuals: surname, first name, profession, address. For example: “Mr Jean DUPONT, salesman, living at 15 rue de la Paix, Paris (75001)”.

For legal entities: company name, legal form, registered office and SIREN number. Example: “SAS EXEMPLE, a simplified joint-stock company with capital of 50,000 euros, headquartered at 10 avenue des Champs in Lyon (69001), registered with the Lyon Trade and Companies Register under number 123 456 789”.

Specific purpose of request

You need to be precise about the measures you are requesting and their justification. Avoid vague formulations such as “all useful measures”. Prefer specific requests: “Order the immediate cessation of construction work” or “Order the defendant to pay an advance of 10,000 euros”.

Legal basis for your action

Cite the articles of law, case law or general principles on which you rely. For example: “On the basis of article 809 of the Code of Civil Procedure and the decision of the Court of Cassation of May 15, 2018”.

Demonstrating urgency

The urgency must be clear and present. You must prove that waiting for proceedings on the merits would cause irreparable damage or damage that would be difficult to repair. Case law considers the following to be urgent: manifestly unlawful disturbances, the risk of a business going under, or serious damage to reputation.

Case in point: “The urgency results from the continuous dissemination of defamatory comments on social networks, causing increasing damage to the plaintiff’s commercial reputation, as attested by the attached customer testimonials”.

No serious dispute

This condition, which is often complex to establish, means that your entitlement must not be seriously contestable on the basis of the evidence provided. To assess this, check :

• The clarity and solidity of your evidence (contracts, testimonials, expert reports)
• Lack of solid legal arguments from the opposing party
• Case law on similar situations

Note: a simple dispute is not sufficient to set aside this condition. The judge assesses whether the challenge is serious in light of the elements in the file.

Practical tips for effective copywriting

Limit your summons to 3-5 pages maximum to keep the judge’s attention. Adopt a factual and direct tone, favoring short sentences and airy paragraphs. Structure your arguments in order of decreasing importance to facilitate rapid reading.

Strictly adhere to the emergency deadlines for summary proceedings. Service must be made between 6 hours and 15 days before the hearing, depending on the degree of urgency. It is essential to coordinate with your bailiff to plan service within these tight deadlines.

Use tried-and-tested summons models as a basis, adapting them to the specific features of your case. Allow a budget of 150 to 400 euros for bailiff’s fees and 35 euros for pleading fees, depending on the complexity of the case.

Check the territorial jurisdiction of the court and the legal capacity of the parties before service. Make sure your lawyer has all the necessary evidence at least 48 hours before the hearing to optimize his or her arguments.

Common mistakes to avoid

Imprecise designation of the parties is a frequent defect. Incomplete or erroneous identification may invalidate the summons.

Don’t neglect to demonstrate urgency. The interim relief judge systematically verifies this admissibility condition.

Avoid confusing summary proceedings with proceedings on the merits. Your requests should concern provisional measures, not the final settlement of the dispute.

Late or irregular service compromises the effectiveness of your action. Coordinate with your bailiff to meet deadlines.

A well-structured summary proceedings model is the key to the success of your emergency proceedings. Respect the legal formalities and adapt your argumentation to the specificities of each case to maximize your chances of obtaining the measures requested.

Practical example of a summary proceedings summons

To illustrate the practical application of summary proceedings, let’s take the case of an abnormal neighborhood disturbance caused by water infiltration from an apartment above. Faced with the owner’s inaction and increasing damage, this situation fully justifies recourse to summary proceedings.

Assignment structure in this case study :

The articulation of urgency and absence of serious contestation is crucial in this type of case. Here’s an extract illustrating how to present them effectively:

“The urgency is characterized by the rapid deterioration of the applicant’s ceilings and walls, as evidenced by photographs dated 05/10/2023 and 05/25/2023 (exhibits no. 4 and 5), demonstrating a significant worsening in just 15 days. The risk of partial collapse constitutes an imminent danger to the safety of the applicant and his family.

The absence of any serious dispute results from the amicable expert report dated 05/15/2023 (exhibit no. 6) formally establishing the origin of the infiltrations in the defendant’s apartment, as well as the bailiff’s report dated 05/2023 (exhibit no. 7) confirming this origin.”

Requests must be precise and legally sound:

• Principal claim: Order, subject to a fine of €150 per day of delay, that the necessary waterproofing work be carried out within 15 days.
• Ancillary claim: Allocate a provision of €5,000 to be applied against compensation for damages.
• Legal basis: Articles 835 of the Code of Civil Procedure (conditions for summary proceedings) and 1240 of the Civil Code (tort liability)

The legal justification is based on established case law recognizing that “water seepage constitutes a manifestly unlawful disturbance justifying the intervention of the interim relief judge” (Cass. 3e civ., March 22, 2018, n°17-14.901).