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COVID-19 and State of Health Emergency: future resumption of judicial activities

On 10 February 2021
COVID-19 and State of Health Emergency: future resumption of judicial activities

If the Courts have been impacted by the state of health emergency without being stopped, it remains that the resumption of judicial activities will occur.
The parties can accept that their dispute will not be the subject of pleadings but of a filing of a case; however, this measure, proposed by the courts in application in particular of Law No. 2020-290 of March 23, 2020, Order No. 2020-304 of March 25, 2020, Order No. 2020-3056 of March 25, 2020, cannot be imposed on them.

Given this exceptional situation, the participatory pre-trial procedure agreement (CPPME) makes it possible to set a timetable with dates for the communication of the judicial writings and documents of each of the parties as well as a date for the end of the pre-trial.
The agreement lists the points of disagreement, which provides a framework for the discussion.
It is perfectly possible for the parties to agree to appoint a technician or expert without being dependent on the decision of a judge.
The parties therefore have, through their Lawyers, control over the methodology and progress of the dispute between them.

Thanks to the secure platform created by the NATIONAL BAR COUNCIL (CNB), the participatory procedure agreement can be established entirely remotely, within the framework of the ethical obligations imposed on the Lawyer.