To oppose a civil or criminal judgment

Verified 28 June 2024 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

The Opposition allows you to challenge a civil or criminal decision (judgment, order, judgment...) made in your absence when you were not aware of the date of the hearing. It's a way of retraction which makes it possible to reconsider the decision already taken. The case is retried by the same court. We present you with the information you need to know.

Civil judgment

You can oppose a decision when it is appropriate that she is rendered default and in last resort.

Default Decision

You can object only when he is written in the decision it is rendered by defect.

The judge shall make a decision by defect if you were not aware of the hearing and you were not nil present, not shown at that hearing by an authorized person (lawyer, third party with power...).

In other cases, where it is indicated that the decision is contradictory or deemed contradictoryNo, no opposition is possible. This is the case, for example, if you are absent on the day of the hearing when you are aware of the date, or if the decision indicates that an appeal is possible.

Decision of last resort

You can only object when it is written in the decision rendered in last resort.

When the decision is rendered in the first instance, alone the call is possible.

Warning  

If the decision has been classified as the ‘first instance’ of inaccurate manner and your call has been declared inadmissibleYes, you can object. Indeed, the decision of inadmissibility notified by the Registry opens a new deadline to oppose.

Decisions not subject to opposition

You can't object in particular for the following decisions:

  • Judgment of the Court of Cassation
  • Order of the Justice of the reconditioning
  • Decision ordering a measure of inquiry (social survey, expertise ...)
  • Decision on seizure of immovable property

Only the defendant convicted person may object if he is defective and if he has a interest in bringing proceedings.

Be defective

You are defective if you did not appear at the hearing.

To be considered defaulting, you must not have known the date and time of the hearing for one of the following 2 reasons:

  • The summons to the hearing sent by the graft of the court was not given to you. For example, the registered letter of summons goes back to the court because you changed your address.
  • The assignment has not been delivered to you in person or has been delivered to a person present at your home.

To be defendant

You are defendant at trial if you didn't take the initiative.

Opposition is not open to the plaintiff, that is to say to the person who initiated the trial. The applicant must monitor the progress of the procedure he has initiated. He's supposed to have waived it, if he doesn't appear.

FYI  

Third parties may not object, but third-party opposition. It allows a person who has not been a party to the trial to request a retrial, as he or she is indirectly affected by that decision. This is the case, for example, of a judgment ordering your neighbor to do work that would require him to pass on your land.

Have an interest in acting

In order to oppose, the defaulting party must have an interest in bringing proceedings, that is to say, it must be condemned, even in part. Otherwise, the opposition is out of order.

The time limit for lodging an objection shall run from notification or the significance which is made to you of the decision. The time limit differs depending on the type of decision rendered: judgment or ordinance of interim measures.

Judgment

You reside in metropolitan France and the decision was made by a metropolitan court or you reside overseas and the decision was made by an overseas court

The deadline is 1 month from the date of notification of the decision by the Registry or its significance by a commissioner of justice.

Warning  

If you live overseas and the decision was made by an overseas court other than the one in whose jurisdiction you reside, the time limit is increased by 1 month. So you have a period of time 2 months to oppose. This is the case, for example, if you live in Guadeloupe and the decision is given by a court in Martinique.

You reside in metropolitan France and the decision was made overseas or you reside overseas and the decision was made in metropolitan France

The deadline is 2 months from the date of notification of the decision by the Registry or its significance by Commissioner of Justice.

You reside abroad

The deadline is 3 months from the date of notification of the decision by the Registry or its significance by Commissioner of Justice.

Order for interim measures

You reside in metropolitan France and the decision was made by a metropolitan court or you reside overseas and the decision was made by an overseas court

The deadline is 15 days from the date of notification of the decision by the Registry or its significance by a commissioner of justice.

Warning  

If you live overseas and the decision was made by an overseas court other than the one in whose jurisdiction you reside, the time limit is increased by 1 month. So you have a period of time 1 month and 15 days to oppose. This is the case for example if you live in Guadeloupe and the decision is given by a court in Martinique.

You reside in metropolitan France and the decision was made overseas or you reside overseas and the decision was made in metropolitan France

The deadline is 1 month and 15 days from the date of notification of the decision by the Registry or its significance by a commissioner of justice.

You reside abroad

The deadline is 2 months and 15 days from notification the judgment of the Registry or its significance by a commissioner of justice.

Warning  

If you do not object within the time limit, the decision taken by the court becomes definitive and maybe executed. However, the defendant in default may, in some cases, request the President of the competent court for authorization to lodge an objection when the time limit for doing so has expired. That's what we call request to be relieved from the foreclosure.

L'affair is rejudged by the same court or the same court of appeal that the person who made the contested decision. So you have to oppose in the same form as the original application. The court must be seised either by subpoena, or by request.

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Procedure introduced by a summons

The form of your appeal varies according to the procedure and the court concerned:

Procedure without a lawyer required
Before the court

You must object by quotation where your opponent has brought an action before the court by subpoena during the initial procedure.

To quote, you must contact a Justice Commissioner.

A lawyer can represent you in this process.

Who shall I contact

If your income does not allow you to meet the costs of the Commissioner of Justice and lawyer, you can ask legal aid.

FYI  

You can apply for legal aid before you file an objection. This application for legal aid must be made during the opposition period to interrupt this period. A new deadline to object, of the same durationshall start from the decision of the Legal Aid Office.

Before the Court of Appeal

You can object to a judgment of the Court of Appeal by statement at the registry of the court of appeal or by registered letter with acknowledgement of receipt.

Who shall I contact
Procedure with mandatory lawyer

The opposition must be made by a lawyer. He can do it by notification direct to opposing counsel. He shall give the opposing lawyer a notice of opposition in duplicate. The latter shall immediately return a copy to him after having dated and signed it.

The lawyer must declare the opposition at the Registry of the court or court of appeal in 1-month period. This period runs from the date of notification to your opponent's lawyer. If that statement is not made, your opposition is inadmissible.

Who shall I contact

If your income does not allow you to meet legal fees, you can ask legal aid.

Procedure introduced by a request

Before the court

You must object by a request that you address to the court that made the decision.

You can query on free paper specifying the following:

  • Identity of the parties
  • Subject matter of the request (object)
  • Statement of Reasons for Objection (Reasons for Objecting)
  • Exhibits you want to evoke in court (in as many copies as you have opponents).

You must date and sign the query.

You can file it at the court registry or send it by mail.

Opposition by application does not require no particular shape. However, you must keep proof of your opposition (e.g. acknowledgement of registered mail).

Who shall I contact

Your opponent will be summoned to the hearing by registered letter with notice of receipt. You will be informed of the hearing (date and time) by any means.

Before the Court of Appeal

You must object by statement made at the registry or by registered letter with acknowledgement of receipt addressed to the Registry of the Court of Appeal which delivered the decision.

Who shall I contact

Your opponent will be summoned to the hearing by registered letter with notice of receipt. You will be informed of the hearing (date and time) by any means.

FYI  

In the case of labor, the opposition must be brought before the court.

Implementation of the initial decision

If you have objected, the original court decision still carries out. That's what we call it provisional execution. For example, if the original decision orders you to pay damagesHowever, you have to pay this amount even if you object.

Sometimes the judge may decide not to order provisional execution, indicating this in the original court decision.

FYI  

You can enter the judge who made the original decision, in order to have the provisional execution of the law stopped where that execution might give rise to manifestly excessive consequences for you.

Case retried

The case is fully rejudged.

It is retried by the same court that issued the original decision.

A new decision is rendered.

If a decision of withdrawal is given, the decision given in absentia can no longer apply, it is deprived of effect.

If a decision rejecting the opposition is given, the decision given in absentia shall again apply in its entirety.

Please note

In order to determine whether the applications made in the opposition proceedings are admissible, the judge examines the applications made in the initial proceedings.

You can challenge the new decision.

You can appeal if a reference in the decision indicates that it is made in first spring.

You can to appeal on a point of law if a reference in the decision indicates that it is made in last resort.

FYI  

If you have objected and you are again defective (neither present, nor represented)No longer can you object. This remedy may not be exercised only once.

Criminal judgment

If you have been tried in your absence and have not been informed of the date of the hearing, the opposition allows you to have your case retried, by the same court. You will be able to make your case at the new hearing.

You can do opposition to one judgment condemning you, when you have been tried default. This statement must be included in the judgment of the correctional or police court.

Please note

Opposition is also possible in case of conviction by penal ordinance.

The default judgment must be served by feat of commissioner of justice.

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The default judgment was served on you in person

The opposition must be lodged within the following time limits:

  • 10 days if you reside in Metropolitan France, in French Polynesia, in Wallis and Futuna Islands, in New Caledonia, in the department of Mayotte and in the territorial community of Saint Pierre and Miquelon.
  • 1 month if you reside outside these territories.

Warning  

Sif you live in French Polynesia, Wallis and Futuna Islands, New Caledonia and the court that convicts you has its headquarters off the island, the opposition period shall be1 month.

You did not receive the default judgment in person

The opposition period from the service of the judgment made at home, for the consideration of the Commissioner of Justice (former bailiff) or parquet floor.

The opposition must be lodged within the following time limits:

  • 10 days if you reside in Metropolitan France, in French Polynesia, in Wallis and Futuna Islands, in New Caledonia, in the department of Mayotte and in the territorial community of Saint Pierre and Miquelon.
  • 1 month if you reside outside these territories.

Warning  

If you live in French Polynesia, Wallis and Futuna Islands, New Caledonia and the court that convicts you has its headquarters off the island, the opposition period shall be1 month.

You've never been aware of the ruling against you

If it is established that you have never been aware of the default judgment against you, despite the service to be made to you, a new period of opposition is open to you.

That period shall begin on the day on which you became aware of the judgment.

The opposition must be lodged within the following time limits:

  • 10 days if you reside in Metropolitan France, in French Polynesia, in Wallis and Futuna Islands, in New Caledonia, in the department of Mayotte and in the territorial community of Saint Pierre and Miquelon.
  • 1 month if you reside outside these territories.

Warning  

If you live in French Polynesia, Wallis and Futuna Islands, New Caledonia and the court that convicts you has its headquarters off the island, the opposition period shall be1 month.

You may object beyond the expiry of the limitation periods for the sentence if it is not established that you knew the meaning.

Opposition may be made by any means, including:

  • By registered mail with acknowledgement of receipt sent to the court that issued the decision
  • By statement at the registry the court that made the decision (you can ask a lawyer to make this objection)
  • By statement to the head of the penal institution if you are prisoner.
Who shall I contact

You must, however, keep proof of your opposition.

Following your objection, the Registry shall register your statement and make it available to the public prosecutor's office.

FYI  

If you are notified by the public prosecutor or by a police or gendarmerie agency of the decision against you, you can tell them that you wish to object.

A record is then drawn up which relates the notification of the judgment given to you and your opposition.

Implementation of the initial decision

If you have objected, the default judgment is not in all its provisions. That is, the judgment does not apply, it cannot be enforced.

You are opposing his execution.

FYI  

You can limit your opposition to the civil provisions of the judgment. In that case, your criminal conviction applies. Only your civil conviction will be retried.

Case retried

The case is rejudged by the same court which issued the initial decision.

You show up for the hearing

If you go to the hearing, your case is retried.

A new decision is rendered.

Warning  

If you withdraw your objection, the original judgment applies again.

You don't show up for the hearing

The date of the hearing has been brought to your attention

If you're not showing up pitch, a new default judgment, called fault iterative, is rendered. He notes that your opposition is null and void. The original judgment applies again.

If sentenced to a non-suspended prison sentencethe court may order that the case be referred to a future hearing. He orders the police or gendarmerie to search for you and have you taken before the public prosecutor. The judge decides whether to call you to the hearing or to give you formal notice to attend.

In the latter case, if you are not found or if you do not appear at the removal hearingHowever, despite the formal notice, the opposition is declared null and void. The original judgment applies again.

You were not aware of the date of the hearing

If you are not aware of the date of the hearingThe court may decide to refer the case back to you again.

It may also decide to issue a new judgment by default.

You can challenge the new decision by doing call.

FYI  

If the decision is returned by default, you can also file an objection.

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