Civil procedure without hearing

Verified 14 August 2026 - Public Service / (Prime Minister)

A procedure without a hearing is possible in front the court of justice and the local court. At any time of the yearinstance, the parties may request that the proceedings be conducted without a hearing. We present you the information to know.

Proceedings without a hearing allow have it judged a case without the parties move at a court hearing.

It is possible in front of court of justice and the local court.

All parties to the case must give expressly their agreement in writing. In this case, the procedure is written.

All business may be the subject of proceedings without a hearing.

It is possible in written or oral proceedings, with or without a mandatory lawyer.

The trial shall be conducted differently if the judge is seised of written or oral proceedings:

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Written procedure

The applicant indicates its agreement that the proceedings should be without a hearing in its application (assignment) or its conclusions.

The defendant indicate his agreement in the act of incorporation of the lawyer or his conclusions.

The parties may also agree at any stage of the procedure.

Oral procedure

The applicant indicates its agreement that the procedure should proceed without a hearing, in the query orassignment.

The defendant must agree in writing.

The following form can be used:

Consent to conduct proceedings without a hearing - Oral proceedings before the court or the protection court

Written consent must be accompanied by any official document proving identity, in original or photocopy. It must be signed and filed or sent by mail to the court hearing the case.

In the absence of an agreement, parties must travel to the hearing to defend their claims.

FYI  

The agreement of all parties may also be given in writing at any stage of the procedure.

The trial shall be conducted differently if the judge is seised of written or oral proceedings:

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Written procedure

Communication between the parties is through the lawyers in the conclusions during the folder preconditioning.

The prep judge decides that the procedure instruction is complete when the parties have completed their exchanges of written submissions.

The Registrar shall inform the parties of the fixed date by the pre-trial judge to file their cases with the registry.

After the filing of the files, the parties are informed of the names of the judges who will deliberate on the case and the date of deliberate.

Decisions in these proceedings may be challenged in appealing.

Oral procedure

When all parties have given expressly their agreement to ensure that the proceedings proceed without a hearing, the judge shall organize the exchanges between the parties. They have to make their arguments in writing.

The parties shall communicate with each other by registered letter with acknowledgement of receipt (LRAR) or by notification between lawyers. They must justify these exchanges with the judge within the time limits he sets.

The parties must send their applications, arguments and exhibits to the registry before the date indicated by the judge.

On that date, the Registrar shall inform the parties of the date on which the judgment will be delivered. There's no no oral hearing.

Decisions rendered in these proceedings may be challenged by making call or a appeal on a point of law depending on the amount of requests.

FYI  

This procedure is different from oral proceedings, which allow for an exchange of written submissions, with the parties present at the hearing.

FYI  

One tax stamp of an amount of €50 is due by the party initiating the proceeding, unless it is a beneficiary of legal aid.

One hearing can always take place.

If the court finds that it is no decision can be made in the light of the written submissions and pleas, he may request the parties to be present at a hearing.

A party may also request that a hearing be held. It must formulate its request in writing to the court until the date fixed by the judge, for the filing of the files.

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