Civil litigation: how to act alone in court?
Verified 01 March 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)
For some procedures where the lawyer is not mandatory, you can defend alone, whether you are in request or in defense. You can bring an action before the court by query or a assignment. Before the hearing, you must communicate your requests and documents to your opponent. When the judgment is handed down, you can challenge it or carry out. We present you the information to know.
It is possible to engage alone a judicial proceeding (as applicant) or to defend oneself (as defendant) in all cases where the lawyer is not mandatory. For example, for a dispute between landlord and tenant.
The procedure must concern a dispute
- between 2 individuals
- or between an individual and a professional (a trader or a craftsman for example).
Warning
When the value of the dispute cannot be quantified, thelawyer is mandatory.
An attempt to conciliation, mediation or participatory procedure is mandatory before bring disputes before the courts, including do not exceed €5,000.
This attempt is also mandatory for the following disputes:
- Boundary
- Some easements (right of way, water pipe, sewer...)
- Distances of plantations or pruning (trees and hedges)
- Respect of distances for certain constructions (for example for the construction or the installation of a fence...)
- Cleaning ditches and canals used to irrigate properties
- Abnormal neighborhood disorder.
Conciliation, mediation or participatory procedure before any legal claim is not mandatory in the following cases:
- One of the parties asks the approval of an agreement, for example the approval of a parental agreement.
- A legitimate motive prevents it from doing so (for example, the unavailability of the conciliator leading to the organization of the first meeting within a period exceeding 3 months).
- The judge or the administrative authority must itself make an attempt at prior conciliation. For example, the obligation to refer the matter to the amicable appeal board of the Caf: titleContent before any trial.
- The creditor hired a simplified small claims recovery procedure which did not produce results.
- One prior appeal mandatory is already provided for in the procedure (e.g. for a dispute with the social security system, an ex gratia appeal must be lodged with the medical committee for amicable appeals)?
The attempt at conciliation may take place at any time during the proceedings, even if the matter is referred to the court.
During the proceedings, the judge may also invite the parties to meet with a judicial conciliator.
The court of law can be entered by query, joint request or assignment.
The query is possible when the amount of requests does not exceed €5,000 or in certain matters laid down by law or regulation (e.g. guardianship or parental authority).
When all parties are okay to have the dispute decided by the court, the court is seised by a joint request.
Where the amount of the dispute is between €5,000 and €10,000, the court shall be seised by assignment.
To determine the value of the dispute, the total amount of claims must be taken into account (reimbursement of the value of an asset, damages ...).
FYI
To obtain in urgency of interim measures (e.g. an expert report), pending the main trial called trial on the merits, a interim proceedings can be engaged.
Query
There are different forms to complete depending on the nature of the dispute (family, rental, judicial protection...).
The request can also be written on free paper.
Copies of supporting documents (invoice, contract, quotation, proof of the attempt at conciliation...) must be attached to the request.
They must be forwarded to the competent court in as many copies as adversaries mentioned in the request. The Registry is responsible for distributing copies of the application and supporting documents to the other parties.
Who shall I contact
Warning
The request must be transmitted with a tax stamp of 50 €, unless the applicant is a beneficiary of legal aid.
The request must include the following:
- Full identity of parties
- Court seised
- Purpose and amount of the claim (damages, delivery of goods, cancelation of a contract...)
- Reasons for the dispute
- Company steps towards an amicable resolution of the dispute or justification for waiving such an attempt
- List of documents
- Date and signature of the party initiating the proceedings.
FYI
It is possible to request an amount corresponding to the costs incurred for the procedure (travel expenses, stamps, photocopies...).
The procedure can take place without hearing, that is, the parties are not summoned to court. In this case, all parties must agree and complete a form.
The request can be made at any time during the procedure.
The judge organizes exchanges between opponents. They must send each other by registered mail with acknowledgement of receipt, and must justify it to the judge. The judge shall fix the date by which the parties must communicate to the Registry their applications, arguments and supporting documents in writing. From that date, the Registry shall inform the parties of the date on which the judgment will be delivered.
The judge may order the parties to appear before him if he considers that the documents provided do not allow him to make a decision or if a party requests it.
Joint motion
The joint request can be used when parties are agree to seize together the court. They may jointly request the validation of the points where they have reached an agreement and decide on the remaining points of contention.
In case of joint request, there are 2 applicants. One side is not suing the other.
The joint application shall be in the form of a letter making the joint application to the court.
One single letter must be written regardless of the number of parties.
This letter must contain the following:
- Surnames, first names, occupation, domicile, nationality, date and place of birth of the parties
- Purpose and amount of the request
- Court before which the application is brought.
The parties must specify the points on which they disagree, provide explanations and attach supporting documents.
They must also specify the points on which they have reached agreement when they want to do it certify by the judge.
The request is signed by all parties. It must be deposited or sent to graft the court of justice or the local court.
Who shall I contact
Warning
The request must be transmitted with a tax stamp of 50 €, except for beneficiaries of legal aid.
The procedure can take place without hearing, that is, the parties are not summoned to court. In this case, all parties must agree and complete a form.
The request can be made at any time during the procedure.
The judge organizes exchanges between opponents. They must send each other by registered mail with acknowledgement of receipt, and must justify it to the judge. The judge shall fix the date by which the parties must communicate to the Registry their applications, arguments and supporting documents in writing. From that date, the Registry shall inform the parties of the date on which the judgment will be delivered.
The judge may order the parties to appear before him if he considers that the documents provided do not allow him to make a decision or if a party requests it.
Assignment
Where the amount of the dispute is between €5,000 and €10,000, the court shall be seised by having the adversary issue a assignment by a commissioner of justice (formerly judicial officer).
Who shall I contact
The summons must contain mandatory information:
- Designation of the competent court
- Place, day and time of the hearing (information to be obtained from the court)
- Purpose and amount of the claim (damages, delivery of goods, cancelation of a contract...)
- Full identity of the parties
- Reasons for the dispute
- Amount corresponding to the costs incurred for the proceedings (travel expenses, photocopies, costs of the Commissioner of Justice...)
- List of supporting documents
- Company steps towards an amicable resolution of the dispute or justification for waiving such an attempt
- Consequences in case of non-appearance of the opponent.
The summons shall constitute the conclusions of the applicant, i.e. its requests and arguments.
It can be written by the plaintiff at trial, by a lawyer or a commissioner of justice.
Assignment template without mandatory representation
If the party initiating the proceedings does not wish to be summoned to court, it must indicate this in the summons so that the The procedure shall take place without a hearing.
In order for the proceedings to proceed without a hearing, the other party must also consent. Otherwise, the parties will be called to the hearing to support their claims.
Warning
The assignment must be transmitted with a tax stamp of 50 €, unless the party suing is a beneficiary of legal aid.
When the summons is written, the plaintiff must go to court to have the date of hearing at which the file may be fixed, the time and the room of audience. This information must be mentioned in the summons.
The plaintiff must entrust the act to a commissioner of justice so that he will deliver it to the opponent.
The Commissioner of Justice shall deliver a minutes of service to the applicant and a second original of the subpoena. The latter document must be sent to the court in order for it to be officially seized of the dispute at least 15 days before the hearing date.
If the hearing date has been communicated electronically, the summons must be filed in the 2-month deadline from that communication.
Failure to meet deadlines leads to sunset of the summons, which means that a new summons must be made.
The procedure can take place without hearing, that is, the parties are not summoned to court. In this case, the request is indicated in the summons. The opponent must agree.
The request can be made at any time during the procedure.
The judge organizes exchanges between opponents. They must send each other by registered mail with acknowledgement of receipt, and must justify it to the judge. The judge shall fix the date by which the parties must communicate to the Registry their applications, arguments and supporting documents in writing. From that date, the Registry shall inform the parties of the date on which the judgment will be delivered.
The judge may order the parties to appear before him if he considers that the documents provided do not allow him to make a decision or if a party requests it.
Date of hearing
If the court has been seised by query, the parties shall be summoned by the court, indicating the date, time and courtroom.
If the court has been seised by assignment, the date, time and courtroom shall be indicated.
FYI
The use of a summons may be necessary if the summons sent to the opposing party returns to the court (relocation, absence of indication of the name on a mailbox...). The court then invites the plaintiff to summon the defendant by subpoena. The Commissioner of Justice must make every effort to discover the new address of the opponent and deliver the summons to him.
Constitution of the file
The defendant may also make requests, in connection with the dispute, called incidental requests (ask for a payment deadline or an expertise...).
It constitutes a file composed of all the evidence which he considers necessary (invoice, contract, mail, expertise...). It may also attach witness statements. A template is available online:
The defendant must respect the adversarial principle: it must communicate all its documents, arguments and requests to the applicant or to his lawyer if he is represented by him.
Documents called coins must also be sent to the court before the hearing or no later than the day of the hearing.
Warning
If the documents are communicated too late to the opponent, he may request the referral of the file to another date. The judge may also refuse to take them into account.
The hearing role is posted at the courtroom door. This document is the list of cases called to the hearing. It ensures that the case involving the parties is proceeding smoothly in this room.
Presence, assistance or representation of the parties
The parties may be present in person at the hearing, possibly assisted by a lawyer.
The parties may be hearing waivers if they have requested it.
The parties may be absent from the hearing, but represented by a lawyer or by a third party in writing.
If a party wishes to be represented at the hearing by another person, the party must give the power special.
This authority is a written document that allows the designated person (agent) to appear at the hearing and to speak in place of and on behalf of the party (principal).
The representative designated by the authority must be major. He must appear at the hearing with the power and copies of its identity document and that of the principal.
The Party may designate one of the following persons to represent it:
- Spouse or spouse, cohabiting 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).
If the party goes to the hearing, the same persons are allowed to attend instead of a lawyer.
The following template is used to draft a power of attorney:
Request for referral
A request for referral of the case can be made to the judge (too short a time to prepare the file, request for legal aid during treatment, hospitalization...).
This request must be justified by documents.
The judge may accept the request for referral if he or she considers that the reason is legitimate (it must be serious and justified). In this case, the judge sets the date for the next hearing.
It can also refuse the request. In this case, the case is examined on the same day.
In the event of a referral, a party may ask the judge to be excused from attending the next hearing.
Conduct of the hearing
Cases are called by the judge in turn.
The parties must show their presence when their case is called.
The procedure is oral.
The judge gives the floor, first of all to the applicant, that is to say to the person who has brought the matter before the court. He must set out his requests and arguments, which are noted by the clerk.
The judge then gives the floor to his opponent (the defendant) which sets out its own requests and arguments.
The judge may ask either party for clarification.
If one of the parties wishes to provide additional explanations, it must ask the judge for permission to speak again.
Once the parties have spoken, the judge closes the proceedings. No argument or request can be taken into accountHowever, the judge may give leave to do so at the hearing.
The judge gives the date of deliberate, i.e. the date on which the judgment is delivered.
On the day of deliberation, the judge may give the decision orally. The parties do not have an obligation to be present.
The judgment is made available at the Registry, i.e. the parties may view at the Registry on presentation of an identity document. No copies will be delivered.
The judge may decide to deliver the judgment on a date other than that originally scheduled (extension). A notice shall be sent by any means to the parties indicating the new date and the reasons for the postponement.
Judgment
The judgment states the following:
- Jurisdiction that returned it
- Names of Judges and Registrar
- Date of pronouncement
- Surname, forenames or denomination of the parties and their domicile or head office
- Name of the lawyers or any person who represented or assisted the parties.
The judgment sets out the following content:
- Dispute
- Requests and arguments of each party
- Discussion of requests and arguments
- Reasons for the decision and reasoning of the judge
- Device.
The judgment may be made out in paper or electronic form.
It is signed by the judge and the clerk.
A request for hardware error correction may be sent to the judge if a material error is found in the judgment (incorrect name, incorrect date, etc.).
A request for failure to adjudicate may be addressed to the judge if he has not responded to a request (for example, the amount of compensation...). The application must be made in the one-year period after the decision has become final.
Where the parties do not agree on the interpretation of a judgment, a motion to interpretation may be referred to the judge for clarification. This decision must not be appealed. The matter is referred to the judge by simple application of one of the parties or by joint application.
Notification or service of decision
Once the decision has been rendered, it must be brought to the attention of the parties.
The decision may be notified by the graft by registered letter with acknowledgement of receipt.
If not, the decision must be served by a commissioner of justice by the party who has an interest in enforcing it (usually the one who won the case).
Warning
The court letter accompanying the judgment shall indicate how the decision is to be brought to the attention of the parties.
The meaning or the notification allows to set aside the time-limit for bringing proceedings against the decision.
The time-limit for bringing proceedings shall be calculated from one of the following dates:
- Date of delivery of registered letter
- Date of delivery of service to the party or person present at the domicile of the addressee by the Commissioner of Justice
- Date of the notice of passage of the commissioner of justice in case there is no one at home.
Remedies
The remedy depends on the classification of the judgment as set out in device. The judgment shall be delivered in first spring or in first and last resort.
The call is possible when the decision is rendered in first spring.
If the decision is made in first and last resort, the only remedy is appeal in cassation.
If the judgment has been rendered default, i.e. in the absence of the defendant because he did not know the date of the hearing, the defendant may opposition.
FYI
The type of appeal that may be exercised is indicated in the service of the Commissioner of Justice or in the notification of the Registry.
Execution of the decision
The decision of the judge is provisionally enforceable, that is to say immediately, even in the event of an appeal, unless the law or the judge decides otherwise.
The successful party in court may ask his opponent to pay the sums or perform the obligations to which he has been sentenced.
FYI
In the event of an appeal, the party against whom the decision is enforced may apply to the first President of the Court of Appeal for suspension of provisional execution. It must show serious cause (e.g. loss of employment) and demonstrate that the execution would lead to manifestly excessive consequences (e.g. financial distress of the debtor).
Execution may be carried out at the amicable by contacting the opponent or his lawyer.
If amicable execution is not possible, the party who won the case may appeal to a commissioner of justice for a forced execution of the decision.
Enforcement is carried out by the seizure of money from the bank account or salary or by the seizure of property (car, television...).
Who shall I contact
The Commissioner of Justice may request an advance (provision) to its client before the performance of the acts.
The party condemned to costs must assume the costs of the proceedings.
Warning
The court decision may be enforced during a 10-year period. All acts of execution by a commissioner of justice (a partial seizure for example) start a new period of 10 years to continue the execution.
To be able to execute the decision, a simple certified copy is not sufficient.
An enforceable copy to which a enforceable formula (or enforceable clause) allows the Commissioner of Justice to enforce the decision. The request for enforceable copy is done at the court that made the decision.
Where the applicant or defendant encounters a difficulty in enforcing the decision, the enforcement judge can be entered. It may stagger payments or suspend execution.
The applicant must pay a fiscal stamp from €50 to bring his claim before the courts, unless he is a beneficiary of legal aid.
The costs of a commissioner of justice shall be borne by the applicant. If a party wishes to be assisted or represented by a lawyerHowever, it must bear the costs.
If the party's resources do not allow it to pay for them, it may apply for legal aid to cover all or part of these costs.
Who can help me?
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