Oppose a civil or criminal court decision

Verified 20 November 2025 - Public Service / Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

You have just received a court decision for which you were tried in your absence. You are not aware of the date of the hearing. You're wondering if you can have your case retried. Under certain circumstances, you can opposition. Opposition is a way of retraction which makes it possible to have a case already tried tried by the same court. We present you the information to know.

The opposition allows you to challenge a civil or criminal decision (judgment, order, stop...) rendered in your absence when you were not aware of the hearing date.

Civil decision

You can object when a decision is rendered default and in last resort.

You can also object to an order for payment, but it's a specific procedure.

On the other hand, the opposition cannot be used for certain decisions.

Default Decision

You can object only when it is written in the decision that it is rendered default.

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

In other cases, where it is indicated that the decision is contradictory or deemed contradictoryHowever, opposition is not possible. This is the case, for example, if you are absent on the day of the hearing when you have been informed of the date.

Final decision

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

When the decision is made in the first instance, only the call is possible.

Warning  

If the decision has been classified as a ‘first instance’, inaccurate manner and your call has been declared inadmissible, you may 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 judge of the preconditioning
  • Decision ordering a measure of instruction (social survey, expertise...)
  • Decision on foreclosure.

You must be defendant to the procedure to be able to object.

FYI  

The third party can't object, but third party opposition. 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 the decision. This is the case, for example, of a judgment ordering your neighbor to do work that would force him to pass on your land.

The time limit differs depending on the type of decision rendered: judgment or prescription for interim measures.

Judgment

The deadline depends on the situation:

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 time limit is 1 month from the notification the decision by the Registry or its meaning by a commissioner of justice.

Warning  

If you reside overseas and the decision was made by an overseas court other than the jurisdiction in which you reside, the period is increased by 1 month. So you have a period of 2 months to oppose. This is the case, for example, if you live in Guadeloupe and the decision is made 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 time limit is 2 months from the notification the decision by the Registry or its meaning by a commissioner of justice.

You live abroad

The time limit is 3 months from the notification the decision by the Registry or its meaning by a commissioner of justice.

Interim order

The deadline depends on the situation:

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 time limit is 15 days from the notification the decision by the Registry or its meaning by a commissioner of justice.

Warning  

If you reside overseas and the decision was made by an overseas court other than the jurisdiction in which you reside, the period is increased by 1 month. So you have a period of 1 month and 15 days to oppose. This is the case, for example, if you live in Guadeloupe and the decision is made 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 time limit is 1 month and 15 days from the notification the decision by the Registry or its meaning by a commissioner of justice.

You live abroad

The time limit is 2 months and 15 days from the notification the decision by the Registry or its meaning by a commissioner of justice.

If you don't no opposition within the deadline, the court decision becomes definitive and maybe executed. However, in some cases, you can ask the president of the court for a statement of foreclosure, i.e. the authorization to lodge an objection when the time limit for bringing proceedings has expired.

You must refer the case to the court which issued the contested decision.

The way of objecting will differ depending on whether it is a mandatory or non-mandatory solicitor procedure :

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Procedure with mandatory representation by lawyer

The opposition can be made by a lawyer of your choice.

The opposition materializes in a notification direct from your lawyer to the part opponent.

To be valid, your opposition must contain your means, i.e. the reasons why you are appealing.

Your lawyer must declare the opposition to the registry of the court or the court of appeal in a delay of 1 month. This period runs from the date of notification to your opponent's lawyer. If that statement is not made, your objection is inadmissible.

Who shall I contact

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

Procedure without mandatory representation by lawyer

The procedure differs depending on whether the opposition concerns a decision rendered by a civil court of first instance or if it is a stop Court of Appeal:

Decision of a court of first instance

You must have a assignment in court.

To be valid, your opposition must contain your means, i.e. the reasons why you are appealing.

The lawyer is not mandatory. However, you may be assisted by a lawyer to file an objection, especially for the drafting of this subpoena.

Who shall I contact

If your income does not allow you to meet the costs of the commissioner of justice and lawyer, you can apply legal aid.

FYI  

You can apply for legal aid before filing an objection. This request for legal aid must be made during the opposition period to interrupt this delay. A new deadline to oppose, of the same duration, shall start from the decision of the legal aid office.

To have this summons issued to your opponent, you must contact a commissioner of justice.

You can also object with an query but only in cases where the initial legal claim could have been made by application (for civil litigation up to €5,000 for example).

You can make the request on free paper specifying the following:

  • Identity of the parties
  • Subject matter of the request (to object)
  • Statement of reasons for the opposition (reasons why you are objecting)
  • Documents you want to bring up in court (as many copies as you have of opponents).

You must date and sign the request.

You can file your objection at the court office or send it by mail.

Decision of a Court of Appeal

You can file an objection yourself or have a lawyer do so.

Who shall I contact

The opposition is made by a declaration.

The declaration must be made to of the registry of the court of appeal who made the decision, or on-site, or by registered letter with acknowledgement of receipt.

Who shall I contact

To be valid, the opposition must contain your means, i.e. the reasons why you are appealing.

Execution of the initial decision

If you have objected, the initial court decision shall be enforced still. That's what we call provisional execution. For example, if the initial decision orders you to pay damagesHowever, you must pay this amount even if you object.

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

FYI  

You can enter the judge who made the original decision, to stop provisional execution where such execution may lead to manifestly excessive consequences for you. For example, this may be the situation where you have to pay the other party a sum of money, but they cannot return it to you if the new decision does not uphold the conviction.

Case retried

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

The applicable procedural rules are the same as those of the original proceedings.

At the end of the opposition proceedings, a new decision is issued.

If a decision to withdraw is rendered, the initial decision is annihilated, which means that she can no longer be applied retroactively.

However, if the opposition is rejected, the initial decision applies.

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 appeal to the Court of Cassation if a reference in the decision indicates that it is made in last resort.

FYI  

If you have objected and you are again defective (i.e. neither present nor represented), you can no longer object. This remedy cannot be exercised only once.

Criminal decision

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

When you are absent from the hearing, the judgment is rendered default if the citation have not been delivered and if it is established that you have not aware of this quote.

As long as you are present at the hearing, the judgment cannot be delivered default.

Please note

Opposition is also possible in the event of conviction by criminal order.

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

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The default judgment was served on you in person

The opposition must be filed within 10 days if you live in metropolitan France.

If you reside outside metropolitan France, the time limit shall be 1 month.

Warning  

Specific deadlines apply in French Polynesia, Wallis and Futuna Islands, New Caledonia, Mayotte or Saint-Pierre and Miquelon.

You did not receive in person the service of the default judgment

The time limit for opposition shall start from the service of the judgment made at home, at the study of the commissioner of justice or at parquet.

The opposition must be filed within 10 days if you live in metropolitan France.

If you reside outside metropolitan France, the time limit shall be 1 month.

Warning  

Specific deadlines apply in French Polynesia, Wallis and Futuna Islands, New Caledonia, Mayotte or Saint-Pierre and Miquelon.

You never knew about the judgment that condemned you

If it is established that you have never been aware of the default judgment condemning you (despite the meaning) you have a new opposition period.

This period runs from the day you became aware of the judgment.

The opposition must be filed within 10 days if you reside in Metropolitan France.

If you reside outside metropolitan France, the time limit shall be 1 month.

Warning  

Specific deadlines apply in French Polynesia, Wallis and Futuna Islands, New Caledonia, Mayotte or Saint-Pierre and Miquelon.

You can object beyond the expiry of the limitation periods of the sentence if it is not established that you were aware of the service.

You may object by any means, including any of the following:

  • Registered mail with acknowledgement of receipt sent to the court that made the decision
  • Declaration at the Registry of the court that made the decision (you can ask a lawyer to make this opposition)
  • Declaration to the head of a penitentiary establishment if you are inmate.
Who shall I contact

You must keep proof of your opposition.

FYI  

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

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

Execution of the initial decision

If you have objected, the default judgment is no way in all its provisions. That is, the judgment does not apply, it cannot be enforced.

FYI  

You can limit your opposition to the civil convictions of the judgment (damages for example). In this case, your criminal conviction applies (e.g. prison sentence or fine). Only your civil conviction is retried.

Case retried

The case is rejudged by the same court that issued the original decision.

The handling of your case depends on whether or not you are present at the opposition hearing:

You're coming to the hearing

If you appear at the hearing, your case is retried.

A new decision is issued.

Warning  

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

You don't show up for the hearing

Depending on whether or not you know the hearing date, the court may decide to refer the case to a future hearing or issue a new judgment in absentia.

The hearing date has been brought to your attention

If you don't show up, a new default judgment, called iterative defect, is returned. He notes that your objection is null and void, that is to say that the original judgment applies again.

In the event of a sentence of imprisonment without a suspended sentence, the court may order the referral to a future hearing. He instructs the police or gendarmerie to search for you and have you brought before the public prosecutor. The court decides whether to call you to appear at the hearing or to give you formal notice to appear.

In the latter case, if you are not found or if you do not appear at the referral hearingHowever, despite the formal notice, the opposition was declared no avenue. The original judgment applies again.

You didn't know the hearing date

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

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

You can challenge the new decision by making call.

FYI  

If the decision is rendered again by default, you can also object.

Who can help me?

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