To oppose a civil judgment

Verified 22 December 2021 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

The opposition allows you to challenge a decision (judgment, order, judgment...) rendered in your absence when you have not known the date of the hearing. The case is retried by the same court.

Who can object?

In order to oppose, you must be the defendant, that is, the one who did not initiate the trial.

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 has not been provided to you (for example, the registered letter of summons is returned to the court without being requested)
  • The assignment in court was not given to you in person or to a person at your home

FYI  

the third-party opposition allows a person who was not a party to the trial to request a retrial, because 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.

For what kind of decision?

You can object when a decision is made default and last resort. Opposition cannot be used for certain decisions.

Default Decision

You can only object when it is written in the decision that 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 present or represented at the hearing by an authorized person (lawyer, spouse, parent...).

In other cases, i.e. where it is indicated that the decision is contradictory or deemed contradictoryNo, no opposition is possible.

Decision of last resort

You may object only when it is written in the decision of the Court of Justice rendered in last resort. When a decision is rendered in last resort, the call is not possible.

When the decision is rendered in the first instanceNo, no opposition is possible.

Decisions not concerned

Opposition cannot be used for certain decisions.

These include:

  • Judgment of the Court of Cassation
  • Social Pole Judgment (Social Security Cases and Disability)
  • Order of the Justice of the reconditioning
  • Decision ordering a measure of inquiry (social survey, expertise ...)
  • Decision on foreclosure of immovable property

You're objecting because you want to retry a case that has already been before the court.

The way you have to make your opposition depends on how your opponent seized the court in the first trial. The manner in which the matter was referred to the court is indicated in the decision already rendered.

Procedure brought before the court by an act of bailiff (now called Commissioner of Justice)

If the initial proceedings concern a case where the assistance of a lawyer is not mandatory, you must bring an action before the court by a act of the commissioner of justice (former bailiff and judicial auctioneer).

If the initial proceedings concern a case in which the assistance of a lawyer is mandatory, your lawyer may object by notification directly to opposing counsel without going through a commissioner of justice.

Procedure without a lawyer required

When your opponent brought the case before the court by subpoena, you must object by quotation.

To quote, you must contact a Justice Commissioner.

You can hire a lawyer to 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 file your application for legal aid before making an objection. This request interrupts the deadline. A new time limit for lodging an objection shall start from the decision of the Legal Aid Office.

Procedure with mandatory lawyer

Your lawyer may object by notification directly to the opposing counsel. He shall give the opposing lawyer a notice of opposition in duplicate. The latter shall immediately return to him a copy which he dates and which he signs.

Your lawyer must file the objection at the court registry within 1 month. This period runs from the date of notification to your opponent's lawyer.

Procedure brought before the court by application

You must file an application with the court that issued the decision.

You can use the following form, specifying in the subject of the application you are opposing:

Application for referral to the Court of Justice

Oppositions can also be made on free paper. It shall specify the following:

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

The objection must be dated and signed.

It may be lodged at the Registry of the Court of First Instance or sent by post.

Who shall I contact

For decisions rendered by the Court of Appeal, you must file an objection by declaration or by registered letter addressed to the Registry of the Court of Appeal which issued 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.

The time limit for lodging an objection shall run from notification 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 live in metropolitan France and the decision was handed down by a metropolitan court

The deadline is 1 month from the date of notification of the decision by the Registry or its significance by Commissioner of Justice.

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 live in metropolitan France and the decision was handed down by a metropolitan court

The deadline is 15 days from the date of notification of the decision by the Registry or its significance by Commissioner of Justice.

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 Commissioner of Justice.

You reside abroad

The deadline is 2 months and 15 days from the date of notification of the judgment by the Registry or its significance by Commissioner of Justice.

Warning  

if you do not object within the time limit, the decision taken by the court becomes final and can be enforced.

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. That indication shall be given in the court decision to which the opposition relates.

FYI  

you may apply to the first president of the court of appeal for a stay of execution.

Case retried

The case is being fully retried.

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

The court cannot rule on new applications. It judges only the initial applications.

A new decision is rendered.

Remedy

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.

If you have objected and you are again defectiveNo longer can you object. This remedy may not be exercised only once.

Who can help me?

Find who can answer your questions in your region

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