Civil proceedings: how to act quickly (in summary proceedings) before the court?

Verified 01 March 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

To act quickly before the court, you can use the interim relief. It's a urgent judicial procedure which allows the judge to make speedy provisional measures, in accordance with adversarial debate. We present you the information to know.

The interim measure is a emergency procedure which allows the judge to take interim measures.

The interim measure does not allow to settle the dispute definitively.

The trial that settles the dispute, which we call trial on the merits, may take place later. The trial on the merits may relate to the totality problems to solve. Measures taken in theprescription interim measures may be reviewed during this trial.

FYI  

It is possible, where the law so provides, in case of emergency, to obtain a decision for the main trial in accordance with a procedure called expedited procedure on the merits. Unlike interim relief, which is provisional, it allows the judge to make a quick and final decision. For example, to force a co-owner to pay a sum of money for urgent work.

In some very urgent cases, it is possible to bring a case before a judge in a few hours, with a referral that is called referred from time to time. The judge can be seized very quickly, including on weekends and holidays. For example, it may, in summary proceedings, prohibit the dissemination of an illicit image or content on the Internet.

In interim measures, the following measures may be requested:

  • Instructional measures (investigation), which can no longer be carried out at a later date or which will lose interest if they were late. For example, having a vehicle assessed to establish hidden defects, pending trial.
  • Measures that cannot be challenged by your opponent, as you are within your rights (for example, eviction of the tenant)
  • Measures, even contested by your opponent, that are necessary to avoid damage that will occur or to stop an obvious disorder of the law. This can be for example a request to secure a building that threatens to collapse or limit the sound level of a bar.
  • Payment of a provision (money) or the performance of an obligation (for example, delivering the good). In this case, the debt or obligation must be indisputable (existence of a contract for example).
  • Fixing a on-call duty to compel the adversary to respect his obligations.

Répondez aux questions successives et les réponses s’afficheront automatiquement

General case

You must refer the matter to the President of the Judicial Tribunal or the protection litigation judge depending on the nature of the dispute.

Family Law Conflict

You must enter the family affairs judge for a family law dispute (e.g. on the determination of the child's residence in the event of separation of the parents).

Labor Dispute

You must refer the matter to the labor court council for a dispute in labor law.

Who shall I contact

Dispute between traders

You must refer the matter to the commercial court for disputes between traders.

Who shall I contact

Conflict between owner and farmer

You must refer the matter to the joint rural leases tribunal for a dispute between owner and farmer.

FYI  

In the event of an appeal from a decision, you must refer the matter to the first President of the Court of Appeal.

Bring the matter before the court

To bring an action for interim measures, you must address one assignment to your opponent.

This summons must be issued by a commissioner of justice.

FYI  

To bring an action before the labor court for interim measures, it is possible to query.

In summary proceedings before the president of the judicial tribunal or before the protection litigation judge, an ARA of the dispute may be provided for.

The judge decides, at your request or ex officio, after receiving your opinion, to summon you to an ARA. None remedy can not be made against this decision.

The convocation parts are made by any means by the Registry of the Court.

The judge acts as a conciliator in these proceedings.

The friendly settlement hearing is held by a judge other than the judge hearing the dispute.

You must appear in person with your lawyer if legal representation is mandatory.

In other cases, you must appear in person.

You can be assisted by the following people:

  • Spouse, partner, partner of Civil partnerships
  • Father or mother
  • Child
  • Brother or sister
  • Nephew or niece
  • Aunt or uncle
  • A person attached to his or her personal service or company (e.g. company lawyer or domestic worker).

Unless you agree, anything that is said, written or done during the hearing is confidential.

You can ask the ARA judge to confirm your agreement (partial or total). The minutes of agreement shall be sent to the judge hearing the dispute at the end of the ARA.

Representation by lawyer

For disputes of an amount greater than or equal to €10,000, you must hire a lawyer.

Representation by a lawyer, however, is not not required in the following disputes:

  • Parental authority
  • Protection of adults (guardianship, curatorship,...)
  • Expulsion
  • Residential lease
  • Consumer credit
  • Over-indebtedness of individuals
  • Election or appointment of various representatives (e.g. union delegate to the company social and economic committee)
  • Disputes of an amount equal to or less than €10,000
  • Disputes of an indeterminate amount arising from the performance of an obligation of less than €10,000.
Who shall I contact

If you do not have enough income to pay the costs of the lawyer and the commissioner of justice, you can apply to benefit from theLegal aid.

Decision of the court

During the hearing, the court ensures that your opponent has had sufficient time between the summons and the hearing to prepare his defense.

Please note

The proceedings may be conducted without a hearing. In this case, all parties must agree.

The judge issues a prescription. It may be issued directly after the hearing or at a later date to be determined by the court.

If the decision does not suit you, you can appeal within a period of 15 days after the notification or the meaning of the prescription. Your opponent can also appeal.

If the decision was made in last resort default and that it does not suit you, you can do opposition.

If the decision was made in last resort, you can make a appeal in cassation in the 2 months the service of the order.

However, the decision is applied immediately, even in case of appeal. They say it's enforced on a provisional basis, pending the appeal decision or the main judgment.

Where necessary, the court may order that the application for interim measures be enforced solely on the basis of the decision, that is to say without waiting for service.

FYI  

The decision of the first president of the court of appeal cannot be appealed. Likewise, that rendered in last resort because of the amount or subject matter of the dispute. Only the appeal in cassation is possible.

You have to pay a fiscal stamp from €50 to submit your application for interim measures before the court of justice, the local court, the joint rural leases court and the labor court.

You must pay the commissioner of justicewho issues the summons and who means the decision, and the attorney's fees.

If you do not have enough income to pay the tax stamp, the costs of the commissioner of justice and the lawyer, you can apply to benefit from legal aid.

The interlocutory procedure before the commercial court is subject to payment of a provision. In this case, you must inquire with the competent registry, because the rates are not identical for all commercial courts.

Who shall I contact

Who can help me?

Find who can answer your questions in your region

    • accès

      For more information on this subject, you can contact Allô Service Public.

      Attention: the service does not have access to users' personal files and therefore cannot provide information on their progress.

    • horaires
      • Lundi : de 08h30 à 17h30
      • Mardi : de 08h30 à 12h15
      • Mercredi : de 08h30 à 12h15
      • Jeudi : de 08h30 à 17h30Horaires exceptionnels le jeudi 2 avril de 08h30 à 09h45 et de 14h00 à 17h30
      • Vendredi : de 13h00 à 16h15

    • Request a call

      coût Service free
    • service

      The informants who answer you belong to the Department of Justice.

  • House of Justice and Law

FAQ